Rensselaer County Sheriff Kyle Bourgault is leading a federal lawsuit on behalf of over a dozen New York sheriffs who say the state’s new Local Cops, Local Crimes Act violates the Constitution and unlawfully limits elected officials’ ability to enter into federally authorized immigration‑enforcement agreements.
Law’s key provisions
Signed by Governor Kathy Hochul in May, the act took effect on Tuesday. It prohibits local and state police agencies from entering into new agreements with federal authorities to assist on civil immigration matters and requires existing detention‑housing contracts to be terminated within three months, unless the agreement includes a termination clause that expires sooner.
Under the law, officers may still cooperate with ICE when a violent or other non‑immigration crime has been committed, but they may not divert local resources to civil immigration enforcement. Governor Hochul framed the measure as a public‑safety priority, saying New York needs “local cops hunting down criminals, not kindergartners” and emphasizing the need to focus on drug rings, gun runners and violent offenders.
Sheriffs’ constitutional challenge
The suing sheriffs argue that the statute infringes on the constitutional authority of local officials to enter into contracts and undermines the federal government’s immigration‑enforcement powers. Rensselaer County Executive Steve McLaughlin called the governor’s approach a “war on the police,” asserting that the law puts criminals ahead of New York citizens.
Attorney General Letitia James has issued subpoenas to sheriff’s offices in Broome, Steuben, Nassau and Rensselaer counties, as well as the Nassau County Police Department, demanding confirmation that they will end any existing ICE agreements. The AG warned that failure to comply could result in civil suits.
Political fallout
The law has ignited a partisan clash. Republican Nassau County Executive Bruce Blakeman, whose county maintains an ICE partnership, said he would likely join the sheriffs’ lawsuit. Blakeman has previously defended working with ICE, noting that about 2,000 illegal immigrants in his county have criminal records.
Governor Hochul warned that any police department or sheriff’s office that ignores the law will face legal action, stating, “If you try me again, I say, bring it on.” The Department of Homeland Security responded that Hochul “must stop putting politics above public safety,” arguing that the measure could lead to more crime and innocent victims.
Implications for New Yorkers
If the courts uphold the law, local law‑enforcement agencies across the state will be barred from entering new civil immigration agreements and must wind down existing detention contracts. Supporters say this will keep police resources focused on protecting families and neighborhoods, while opponents contend it hampers federal immigration enforcement and could strain relationships between state and local officials.
The lawsuit is expected to proceed through the federal courts, where the sheriffs will seek a declaration that the act is unconstitutional. The outcome could set a precedent for how states balance immigration enforcement with local public‑safety priorities.
Original reporting: Fox News (HLL/CB) — read the source article.