NYS sheriffs mull legal action as deadline to end ICE pacts nears

ALBANY — A group of county sheriffs is raising concerns that a new state law that limits their cooperation with federal immigration enforcement will handcuff their ability to protect the public and also violates the state Constitution.

Peter Kehoe, executive director of the New York State Sheriff's Association, said sheriffs across the state have been discussing the issue for weeks, ahead of Tuesday's state-imposed deadline for agencies to end contracts to support federal immigration efforts.

While only a handful of sheriff departments had the agreements, Kehoe said as many as 20 sheriffs are considering signing on to a lawsuit seeking to overturn the state’s ban on cooperation agreements with U.S. Immigration and Customs Enforcement.

Of the 12 agencies in the state that signed formal cooperation agreements with ICE, known as 287(g) agreements, seven have already said they will end them by the deadline.

Nassau County's police and sheriff departments both have ICE agreements but have not signaled how they will contend with the deadline, though County Executive Bruce Blakeman has said he is looking at legal options. Blakeman is running against incumbent Gov. Kathy Hochul, who enacted the law in May.

The only other agencies that have not said they will end their arrangements are the Broome, Cattaraugus and Rensselaer county sheriff's departments. Suffolk County does not have an agreement with ICE, and a spokesperson said it is not considering joining the lawsuit.

A spokesman for Blakeman did not respond to a question on whether Nassau County would join the possible lawsuit.

Concerns from sheriffs

Kehoe, of the New York State Sheriff's Association, said the Local Cops, Local Crime Act has been a constant topic of conversation among the group’s members.

Kehoe said he expects that 20 or so sheriffs will sign on to a lawsuit. The association itself is not a part of the planned litigation at this point.

Kehoe said the sheriffs’ concerns with the litigation extend beyond just the ban on cooperation agreements with ICE. Of the state’s 55 elected sheriffs, only eight had formal agreements with ICE.

"They have certain duties under the Constitution, and so I think our view is that this is unconstitutional overreach, but as far as I know, most sheriffs are going to comply with it while they challenge," he said.

Kehoe said he believes the law is largely political theater and that sheriffs will continue to do what they need to do to protect public safety and enforce the law.

Hochul’s position is that the federal government has the resources it needs to enforce immigration laws and she wants law enforcement agencies in the state to focus on crime in their communities. "Counties do not get to pick and choose which state laws they follow," a spokesperson said in a statement.

Sheriffs who have agreed to work with ICE argue that the agreements help them protect their residents from individuals who may be wanted elsewhere.

Fulton County Sheriff Richard Giardino, whose office does not have a formal cooperation agreement with ICE, said he would likely sign on to a lawsuit against the state.

"I don't have any detention agreements, but my reasoning would be that I think it's a constitutional stretch as to them trying to have control over local sheriffs, basically," he said.

Rensselaer County has been strident in its refusal to comply with the law Hochul signed in May. The county’s agreement with ICE stretches back to 2018.

Rensselaer's agreement involves screening those brought to the county jail on criminal charges for warrants elsewhere. Deputies are not tasked with working with ICE on civil immigration matters.

"Thanks to our participation in the 287(g) program, we know if a person arrested on local charges is also wanted on other charges in another country. Access to that information is crucial in ensuring criminals and fugitives are brought to justice," Rensselaer County Sheriff Kyle Bourgault said when Hochul first proposed banning the agreements earlier this year.

Broome County Sheriff Fred Akshar, who previously served as a state senator for the region, said in a news conference last month he believed his responsibility was to enforce the laws around immigration.

"I suspect that the legality of the legislation will be challenged very soon by my colleagues, other sheriffs throughout the state," he said.

The Cattaraugus County Sheriff Department did not return a call seeking comment. Its agreement with ICE was signed by M. Andrew Burr, chair of the county legislature. He also did not return a request for comment.

The state Attorney General’s Office is authorized under the Local Cops, Local Crimes Act to seek a court-ordered injunction to force agencies to comply with the law.

Nassau partnership

Under Blakeman, Nassau County has embraced a cooperative role in civil immigration enforcement with ICE, with Blakeman calling it the most comprehensive partnership in the country.

Both the Nassau County police and sheriff's departments have agreements with ICE. The police department deputized 10 officers to assist ICE with its immigration enforcement efforts and rents space at the county jail to the federal agency.

The legislation prohibits state and local employees from questioning people solely for immigration purposes, unless they are required to by a federal judicial warrant. It also prohibits government employees from letting ICE agents into schools and other sensitive locations without a judicial warrant.

It does not prevent local law enforcement from working with ICE on criminal matters.

Blakeman repeatedly has brushed off questions about what the county intends to do, saying he was reviewing the issue with lawyers. He also previously said he would consider legal action against the state over the new law.