New York Bans ICE Agreements, Faces Federal Court Challenge
New York Governor Bans Civil Immigration-Enforcement Agreements
New York Governor Kathy Hochul announced the state’s decision to ban formal civil immigration-enforcement agreements between local law enforcement and U.S. Immigration and Customs Enforcement (ICE). This decision aims to ensure that officers focus on local crime instead of civil immigration enforcement. The announcement has sparked controversy, particularly with the Department of Homeland Security (DHS), which argues that this move will necessitate more federal agents in communities.
DHS Response
In a statement shared exclusively with Fox News Digital, the DHS spokesperson expressed concern over the new restriction. According to the spokesperson, barring local law enforcement from collaborating with DHS forces the latter to increase its presence in communities to apprehend criminals who have been released from jail. The department highlighted the safety of cities that cooperate with ICE, contrasting them with Governor Hochul’s approach, which they claim leads to the release of violent criminals.
Case Examples Cited by DHS
DHS cited five cases from New York involving noncitizens accused of serious crimes such as attempted murder, rape, assault, weapons charges, and child endangerment. Despite ICE detainers, these individuals were released before ICE eventually took them back into custody. One of them has been removed to Mexico.
Governor Hochul’s Defense
Governor Hochul defended the state’s ban on 287(g) agreements, stating that local officers should focus on local crime rather than civil immigration enforcement. According to a spokesperson from Hochul’s office, the ban does not prevent lawful communication with ICE about potentially deportable individuals.
Legal Challenges
The ban has led 15 New York county sheriffs to challenge the law in federal court. The sheriffs argue that the new law unlawfully restricts their authority to maintain federally authorized ICE agreements. Rensselaer County Sheriff Kyle Bourgault is leading the federal lawsuit against the Hochul administration, alleging that the ban impedes their rights and authorized agreements. Attorney General Letitia James has also filed a legal action seeking to terminate Rensselaer County’s ICE agreement.
Current Legal Standing
A preliminary injunction request against the ban from the Justice Department was denied, allowing the law to take effect as planned. Litigation remains pending, with the 15 sheriffs seeking emergency relief in their case against the state.
CJ Womack is an associate editor at Fox News and joined Fox News Digital’s team in 2026. CJ has extensive experience in political journalism and graduated from Long Beach State University in 2025 with a degree in Political Science.
Contact CJ Womack at [email protected] or follow on Twitter.