New York Bans ICE Jail Contracts by November 25
New York state mandates counties end ICE detention agreements by November 25 to prioritize public safety.
2 min read
New York state officials have ordered counties to terminate contracts with U.S. Immigration and Customs Enforcement (ICE) by November 25, or face state intervention. The directive, issued by the Attorney General’s Office of Immigrant Trust, declares that such agreements will be void and unenforceable under New York law after that date. County executives and sheriffs are instructed to use any available termination provisions to end the contracts.
Public Safety Priorities
Governor Kathy Hochul framed the directive as a matter of public safety, emphasizing that local law enforcement should focus on protecting New Yorkers and keeping dangerous criminals off the streets. She stated that allowing ICE to use local jails for civil immigration detention does not make New York safer. The directive aligns with the Local Cops, Local Crimes Act, signed by Hochul on May 27, which prohibits local governments and law enforcement from entering into agreements to house or detain individuals for federal civil immigration violations.
Legal and Operational Restrictions
The law covers both formal and informal arrangements, including those under sections of the Immigration and Nationality Act that authorize such detention. It also restricts 287(g) agreements that deputize local officers to perform immigration functions. Counties with mixed contracts covering both criminal and civil detention must end only the portion authorizing civil immigration holds. Exceptions remain for detaining individuals facing pending federal criminal charges and for complying with court orders or judicial warrants.
Legal Challenges and Judicial Response
Attorney General Letitia James’s office reiterated that local officials should not be doing the work of federal immigration authorities, and taxpayer resources should be dedicated to community safety. The Attorney General’s Office of Immigrant Trust can receive complaints, investigate, issue subpoenas, and bring civil actions to enforce compliance. The notice follows a federal judge’s November 4 denial of a preliminary injunction sought by 15 New York sheriffs, including Rensselaer County Sheriff Kyle Bourgault, who argued the law interferes with their authority and existing federal agreements.
State’s Legal Defense
U.S. District Judge Mae A. D’Agostino ruled that the sheriffs had not shown they were likely to win their constitutional claims against the state at this stage, leaving the restrictions in place while the broader lawsuit continues. Hochul’s office celebrated the decision, calling it a preservation of critical protections against what it called ICE’s ‘aggressive and abusive enforcement tactics.’
Source: The Gateway Pundit
