New York sheriffs "mad as hell" as Hochul pushes to ban local–ICE 287(g) partnerships
Key Takeaways
- It has been reported that New York Gov. Kathy Hochul is pursuing limits on local law enforcement cooperation with ICE, including 287(g) agreements that deputize county officers to carry out immigration enforcement.
- County sheriffs say such a ban would hinder removal of criminal noncitizens and damage public safety; immigration advocates argue cooperation erodes trust between immigrant communities and police.
- 287(g) refers to Section 287(g) of the Immigration and Nationality Act, which allows DHS (Department of Homeland Security) to train and authorize state or local officers to perform certain federal immigration functions.
- The dispute affects detained noncitizens in county jails and the pace at which ICE (U.S. Immigration and Customs Enforcement) can identify and transfer people for removal proceedings.
- Any change would alter how many New York counties handle detainer requests, warrants and transfers — with concrete consequences for immigrant victims, witnesses, and those facing deportation.
Background
It has been reported that Gov. Hochul is pushing policy changes that would effectively bar counties from entering or renewing 287(g) agreements with ICE — the federal agency that enforces immigration laws. 287(g) is a statutory authority allowing DHS to deputize local officers to perform delegated immigration functions, often used in county jails to screen detainees and initiate removal processes. The governor’s move follows a campaign push by many Democrats to limit local-federal immigration enforcement partnerships viewed as harmful to immigrant communities.
Sheriffs' objections
Sheriffs across several New York counties have pushed back hard, saying they are “mad as hell,” according to reporting. They argue 287(g) tools are essential for identifying noncitizens with criminal convictions and for coordinating transfers to ICE custody so those individuals can be removed from the country. Local law enforcement leaders frame the issue as one of public safety, arguing that declines in cooperation could leave criminal noncitizens in the local jail population longer and complicate prosecutions.
Legal context and human impact
Legally, states and counties have some discretion about honoring ICE detainer requests and participating in 287(g). Courts and federal guidance have limited the scope of detainers and clarified constitutional constraints (for example, the need for judicial warrants in some circumstances). For immigrants, the practical stakes are immediate: a ban on 287(g) could reduce the number of transfers to ICE and slow removals, potentially affecting noncitizens with criminal records. It could also change reporting behavior — advocates say restricting cooperation improves trust so victims and witnesses are more likely to seek help without fear of deportation, while critics say it hampers the removal of dangerous offenders.
What this means now
If Hochul’s proposal becomes policy or is enacted into law, New York counties would need to adjust booking, screening and information-sharing practices with ICE, and sheriffs may pursue legal or political challenges. For immigrants and their lawyers, the change would alter the interface between local criminal processes and federal immigration enforcement — affecting who is referred to ICE and how quickly. Expect litigation, legislative jockeying and renewed debate over whether public-safety goals and immigrant-protection goals can coexist in local policing policy.
Source: Original Article