New York Sheriffs Sue to Overturn ICE Cooperation Ban, Here’s What the Law Actually Does

More than a dozen New York sheriffs filed a federal lawsuit this week to strike down the Local Cops, Local Crimes Act — a state law that bars local police from entering formal cooperation agreements with ICE. Gov. Kathy Hochul signed the law in May. It took effect Tuesday. Her response to the lawsuit: “Bring it on.”

This isn’t a case where you file a claim or wait on a settlement check. It’s a fight over what your local sheriff’s office can and can’t do when it comes to immigration enforcement — and it’s likely headed for a longer court battle.

Who’s Suing, and Why

Rensselaer County Sheriff Kyle Bourgault is leading the lawsuit. He argues the state law is unconstitutional and strips elected sheriffs of their ability to enter agreements Congress already authorized. Rensselaer County has had one of these agreements — known as a 287(g) agreement — since 2018. It lets deputies identify immigrants held in the county jail and start immigration proceedings on ICE’s behalf.

Saratoga County Sheriff Jeff Brown signed on too, even though his county doesn’t currently have a 287(g) deal of its own. Nassau County Executive Bruce Blakeman, whose county does have an agreement, told the New York Post he’d “probably” join as well.

Rensselaer County Executive Steve McLaughlin didn’t hold back. He called the new law an escalation of “her administration’s war on the police.” That’s his framing, not a court finding — the case hasn’t been decided.

What the Local Cops, Local Crimes Act Actually Bans

Here’s the plain-English version. The law stops state and local police from signing new deals with federal agents to help enforce civil immigration law. It also bans new agreements to hold people in local jails on civil immigration detainers. Existing detention deals have to wind down within three months of the law taking effect.

Police can still work with ICE on actual crimes — drug trafficking, gun crimes, that kind of thing. What they can’t do anymore is use local jail resources or deputy time to help with deportation cases that involve no separate criminal charge.

Hochul put it this way at Tuesday’s press conference: “We need local cops hunting down criminals, not kindergartners. Breaking up drug rings, not breaking up families.” Not everyone agrees with where that line gets drawn, and that disagreement is exactly what’s now in front of a federal judge.

The Pressure Building on Both Sides

New York Attorney General Letitia James already sent subpoenas to sheriff’s offices in Broome, Steuben, Nassau and Rensselaer counties, plus the Nassau County Police Department, after they didn’t confirm they’d end their ICE agreements. If they don’t comply, her office says it will file its own civil suit.

Hochul made her position clear at the same press conference: “No county executive should think that they are above the law in the state of New York.” She added that the law has already survived past court challenges, which is part of why she’s daring sheriffs to try again.

The U.S. Department of Homeland Security weighed in from the other side, telling the New York Post that Hochul “must stop putting politics above public safety.”

So this isn’t just one lawsuit. It’s sheriffs suing the state, the state threatening to sue sheriffs, and a federal agency publicly needling the governor — all happening at once.

What Happens Next

The lawsuit is filed but not decided. Expect the usual early motions — likely a request for an injunction to pause the law while the case proceeds, followed by the state’s response. Given how fast this escalated, a ruling on any emergency motion could come within weeks, though the core constitutional question could take much longer to resolve.

If you’re in one of the affected counties and wondering how this touches your own situation — say, you or a family member has interacted with a county jail — the law’s practical effect depends entirely on whether your county keeps or drops its ICE agreement while the case plays out. That’s worth tracking locally, not assuming from the headlines.

New York ICE Cooperation Lawsuit — Frequently Asked Questions

What is the Local Cops, Local Crimes Act? 

It’s a New York state law, signed by Gov. Hochul in May 2026, that bans local and state police from entering new cooperation agreements with ICE on civil immigration matters. It took effect August 25, 2026.

Who filed the lawsuit against the law? 

Rensselaer County Sheriff Kyle Bourgault is the lead plaintiff, joined by more than a dozen other New York sheriffs, including Saratoga County Sheriff Jeff Brown.

Does this law stop police from helping ICE with actual crimes? 

No. Police can still assist ICE on cases involving separate criminal conduct — drug trafficking, gun crimes, and similar offenses. The ban applies specifically to civil immigration enforcement.

What’s a 287(g) agreement?

 It’s a federal program that lets local law enforcement, like a county sheriff’s office, carry out certain immigration enforcement functions on ICE’s behalf, such as identifying immigration status of people booked into a local jail.

Is Rensselaer County the only county involved? 

No. Saratoga County has joined, and Nassau County Executive Bruce Blakeman has said he’ll likely join too. Attorney General Letitia James has also subpoenaed several counties, including Broome, Steuben, and Nassau, over their compliance with the law.

What happens if a county keeps its ICE agreement anyway?

 Hochul has said any department that maintains an agreement in violation of the law will face legal action from her administration, potentially including a suit from the Attorney General’s office.

Related Reading

Curious how far ICE’s own authority actually goes when it comes to local jails and arrests? See Do ICE Have The Same Rights As Police? Legal Authority and How Is ICE Legal? Congressional Authorization, Federal Statutes, And Constitutional Framework Explained. For another state-level fight over ICE cooperation and constitutional limits, see the Minnesota Ice Lawsuit coverage.

Sources

• Fox News, “Hochul remains defiant after sheriffs sue over law banning cooperation with ICE: ‘Bring it on’,” Aug. 25, 2026: https://www.foxnews.com/politics/hochul-remains-defiant-sheriffs-sue-law-banning-cooperation-ice-bring-it-on
• Times Union, “Sheriffs pledge to file lawsuit challenging NY law banning ICE agreements”: https://www.timesunion.com/capitol/article/sheriffs-pledge-file-lawsuit-challenging-ny-law-22402383.php
• WAMC, “Rensselaer Co. plans to sue NY to keep 287(g) agreement with ICE”: https://www.wamc.org/news/2026-08-24/rensselaer-county-new-york-state-ice-agreement-lawsuit

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. Facts checked against the sources listed above as of August 26, 2026. Last Updated: August 26, 2026.

Disclaimer This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.