Judge won't block New York's ban on local ICE deals, a loss for 15 county sheriffs

On Wednesday, Nov. 4, a federal judge in Albany refused to block New York's ban on 287(g) agreements. These are formal deals that let local sheriffs and police work with Immigration and Customs Enforcement (ICE) on civil immigration enforcement ¹⁴. U.S. District Judge Mae A. D'Agostino denied a request for a preliminary injunction, meaning an order to pause the law while the case moves forward. Fifteen county sheriffs had asked for it ²³.

The judge also refused to block a second state law. That one lets Attorney General Letitia James investigate local law enforcement agencies that cooperate with ICE under 287(g) ¹⁵. Gov. Kathy Hochul signed both measures as part of a state budget package called "Local Cops, Local Crimes" ¹⁵.

James wrote about the ruling on social media on Nov. 4, the day after voters reelected her ³.

Local law enforcement should be focused on keeping New Yorkers safe

Why the sheriffs lost

The judge did not decide whether the law is constitutional ⁴. Instead, she found that the sheriffs had not shown they had the legal right to bring constitutional claims against the state ⁴. New York law generally bars local governments and their officials from challenging state laws on constitutional grounds, and the sheriffs had not shown they fit an exception ⁴.

From Channel GOPKathy Hochul declares victory in New YorkKathy Hochul · 11 plays · captioned, with the source named

In her 28-page ruling, D'Agostino wrote that "the current state of the law does not appear to allow for such a suit" ².

have not established a likelihood that they have capacity to sue

The lawsuit itself can go on, and the law stays in effect for now ⁴. Rensselaer County Sheriff Kyle Bourgault, who brought the suit with 14 other sheriffs, said they are "reviewing the ruling and determining the next course of action" ².

What the law does

Hochul signed the Local Cops, Local Crimes Act on May 27 ³⁴. It bars local governments and police agencies from signing 287(g) agreements with ICE ⁴. The state says local agencies can still cooperate with ICE in criminal cases ⁹.

Before 2025, only one New York county had a 287(g) agreement. By late July of this year, 12 agencies had one ⁹. Under these agreements, local agencies get federal reimbursement for officer salaries and benefits, and counties can be paid up to $195 per detainee per day ⁴. ICE detention in New York's state and local jails rose nearly 600 percent in 2025 ⁴.

The 15 sheriffs who sued serve Rensselaer, Cayuga, Wayne, St. Lawrence, Broome, Madison, Cattaraugus, Orange, Jefferson, Saratoga, Lewis, Franklin, Delaware, Fulton and Oswego counties ⁹. They filed suit on Aug. 25, the day the law took effect, and named Hochul and James as defendants ³⁹. They argued that they are independently elected, are not under the governor or the attorney general, and have authority under the state constitution ³.

One sheriff holds out

Most agencies with these agreements dropped them. Rensselaer County is the only one that refused to end its contract ¹⁰. Its agreement dates to 2018. It lets deputies identify immigrants held in the county jail and start immigration proceedings against them for ICE, and court documents indicate nine people have been removed under it ¹⁰. On Aug. 27, James sued the sheriff's office in state court to end the agreement ¹⁰.

Bourgault says his department screens people who are already in custody and does not make arrests in the community ⁴. He defended the jail screening as an "effective tool for law enforcement" ².

The state has yet to tell us how they are improving safety by not allowing screening of illegal migrants

When the sheriffs sued, James and Hochul called the lawsuit "nothing but a frivolous waste of taxpayer dollars" in a joint statement ⁷. They said "ICE is terrorizing communities and families with indiscriminate raids" ⁷. They also noted that "Many of the 12 entities with these agreements have complied without incident" ⁷.

Second loss for the challengers

This is the second time a federal court has refused to stop the 287(g) ban. In early August, a federal court in New York's Northern District denied the Justice Department's own request to block it ⁸. In that same case, the court did block New York's ban on ICE agents wearing masks ⁸. James and Hochul said then that "masked agents do not make New York safer" ⁸.

The ruling also arrived a day after a statewide election that tested the issue. Republican nominee for governor Bruce Blakeman supported the ICE agreements, and his running mate was Madison County Sheriff Todd Hood. Hochul beat them and won a new four-year term on Tuesday ². Hood's own office had ended its ICE agreement in August ³.

We will continue to defend our laws in court.

Immigrant advocates welcomed the decision. Murad Awawdeh, who leads the New York Immigration Coalition, a group representing more than 200 immigrant and refugee organizations, said "the ban on 287g agreements prioritizes the public trust" ⁵⁶.

That matters because the federal government pays local jails to hold people for immigration cases. As long as the ban stands, decisions about local jails and patrol time stay with the state and its voters, and do not depend on a federal check. The courts still have not ruled on whether the law is constitutional, so the fight over these questions is not finished.

The Record

1. May 27, 2026Gov. Kathy Hochul signs the Local Cops, Local Crimes Act, which bans local 287(g) agreements with ICE ³⁴
2. Aug 3, 2026A federal court denies the Justice Department's request to block the 287(g) ban but blocks the state's ban on masked ICE agents ⁸
3. Aug 25, 2026The law takes effect, and 15 county sheriffs sue Hochul and Attorney General Letitia James in federal court ³⁹
4. Aug 27, 2026James sues the Rensselaer County Sheriff's Office in state court over its refusal to end its ICE agreement ¹⁰
5. Nov 4, 2026Judge Mae A. D'Agostino denies the sheriffs' request for a preliminary injunction ¹²

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<h2>Judge won&#39;t block New York&#39;s ban on local ICE deals, a loss for 15 county sheriffs</h2> <p><em>By The GOP Files National Desk. This article first appeared on <a href="https://thegopfiles.com/story/judge-won-t-block-new-york-s-ban-on-local-ice-deals-a-loss-for-15-county-sheriffs">The GOP Files</a> on Saturday, November 7, 2026.</em></p> <p>On Wednesday, Nov. 4, a federal judge in Albany refused to block New York&#39;s ban on 287(g) agreements. These are formal deals that let local sheriffs and police work with Immigration and Customs Enforcement (ICE) on civil immigration enforcement . U.S. District Judge Mae A. D&#39;Agostino denied a request for a preliminary injunction, meaning an order to pause the law while the case moves forward. Fifteen county sheriffs had asked for it .</p> <p>The judge also refused to block a second state law. That one lets Attorney General Letitia James investigate local law enforcement agencies that cooperate with ICE under 287(g) . Gov. Kathy Hochul signed both measures as part of a state budget package called &quot;Local Cops, Local Crimes&quot; .</p> <p>James wrote about the ruling on social media on Nov. 4, the day after voters reelected her .</p> <blockquote><p>Local law enforcement should be focused on keeping New Yorkers safe</p><p>&mdash; Letitia James, New York attorney general, D-N.Y.</p></blockquote> <h2>Why the sheriffs lost</h2> <p>The judge did not decide whether the law is constitutional . Instead, she found that the sheriffs had not shown they had the legal right to bring constitutional claims against the state . New York law generally bars local governments and their officials from challenging state laws on constitutional grounds, and the sheriffs had not shown they fit an exception .</p> <p>In her 28-page ruling, D&#39;Agostino wrote that &quot;the current state of the law does not appear to allow for such a suit&quot; .</p> <blockquote><p>have not established a likelihood that they have capacity to sue</p><p>&mdash; Mae D&#39;Agostino, U.S. district judge, Albany</p></blockquote> <p>The lawsuit itself can go on, and the law stays in effect for now . Rensselaer County Sheriff Kyle Bourgault, who brought the suit with 14 other sheriffs, said they are &quot;reviewing the ruling and determining the next course of action&quot; .</p> <h2>What the law does</h2> <p>Hochul signed the Local Cops, Local Crimes Act on May 27 . It bars local governments and police agencies from signing 287(g) agreements with ICE . The state says local agencies can still cooperate with ICE in criminal cases .</p> <p>Before 2025, only one New York county had a 287(g) agreement. By late July of this year, 12 agencies had one . Under these agreements, local agencies get federal reimbursement for officer salaries and benefits, and counties can be paid up to $195 per detainee per day . ICE detention in New York&#39;s state and local jails rose nearly 600 percent in 2025 .</p> <p>The 15 sheriffs who sued serve Rensselaer, Cayuga, Wayne, St. Lawrence, Broome, Madison, Cattaraugus, Orange, Jefferson, Saratoga, Lewis, Franklin, Delaware, Fulton and Oswego counties . They filed suit on Aug. 25, the day the law took effect, and named Hochul and James as defendants . They argued that they are independently elected, are not under the governor or the attorney general, and have authority under the state constitution .</p> <h2>One sheriff holds out</h2> <p>Most agencies with these agreements dropped them. Rensselaer County is the only one that refused to end its contract . Its agreement dates to 2018. It lets deputies identify immigrants held in the county jail and start immigration proceedings against them for ICE, and court documents indicate nine people have been removed under it . On Aug. 27, James sued the sheriff&#39;s office in state court to end the agreement .</p> <p>Bourgault says his department screens people who are already in custody and does not make arrests in the community . He defended the jail screening as an &quot;effective tool for law enforcement&quot; .</p> <blockquote><p>The state has yet to tell us how they are improving safety by not allowing screening of illegal migrants</p><p>&mdash; Kyle Bourgault, Rensselaer County sheriff, New York</p></blockquote> <p>When the sheriffs sued, James and Hochul called the lawsuit &quot;nothing but a frivolous waste of taxpayer dollars&quot; in a joint statement . They said &quot;ICE is terrorizing communities and families with indiscriminate raids&quot; . They also noted that &quot;Many of the 12 entities with these agreements have complied without incident&quot; .</p> <h2>Second loss for the challengers</h2> <p>This is the second time a federal court has refused to stop the 287(g) ban. In early August, a federal court in New York&#39;s Northern District denied the Justice Department&#39;s own request to block it . In that same case, the court did block New York&#39;s ban on ICE agents wearing masks . James and Hochul said then that &quot;masked agents do not make New York safer&quot; .</p> <p>The ruling also arrived a day after a statewide election that tested the issue. Republican nominee for governor Bruce Blakeman supported the ICE agreements, and his running mate was Madison County Sheriff Todd Hood. Hochul beat them and won a new four-year term on Tuesday . Hood&#39;s own office had ended its ICE agreement in August .</p> <blockquote><p>We will continue to defend our laws in court.</p><p>&mdash; Letitia James, New York attorney general, D-N.Y.</p></blockquote> <p>Immigrant advocates welcomed the decision. Murad Awawdeh, who leads the New York Immigration Coalition, a group representing more than 200 immigrant and refugee organizations, said &quot;the ban on 287g agreements prioritizes the public trust&quot; .</p> <p>That matters because the federal government pays local jails to hold people for immigration cases. As long as the ban stands, decisions about local jails and patrol time stay with the state and its voters, and do not depend on a federal check. The courts still have not ruled on whether the law is constitutional, so the fight over these questions is not finished.</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/judge-won-t-block-new-york-s-ban-on-local-ice-deals-a-loss-for-15-county-sheriffs">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/judge-won-t-block-new-york-s-ban-on-local-ice-deals-a-loss-for-15-county-sheriffs.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

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3. The National Desk, “Federal court upholds New York's ban on local ICE partnership deals after sheriffs sue” (2026-11-05). thenationaldesk.com/news/americas-news-now/attorney-general-
4. The Chief, “Sheriffs lose fight to keep ICE partnerships” (2026-11-06). thechiefleader.com/stories/sheriffs-lose-fight-to-keep-ice-p
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6. Jamaica Observer (CMC), “Caribbean immigration advocates welcome US court ruling on ICE ban” (2026-11-07). jamaicaobserver.com/2026/11/07/caribbean-immigration-advocat
7. New York Attorney General's Office, “Attorney General James and Governor Hochul Release Statement on Lawsuit Challenging 287(g) Ban” (2026-08-25). ag.ny.gov/press-release/2026/attorney-general-james-and-gove
8. New York Attorney General's Office, “Attorney General James and Governor Hochul Defend New York 287(g) Ban from Federal Attack” (2026-08-03). ag.ny.gov/press-release/2026/attorney-general-james-and-gove
9. FingerLakes1, “Cayuga, Wayne sheriffs join federal lawsuit over New York ban on ICE agreements” (2026-08-28). fingerlakes1.com/2026/08/28/cayuga-wayne-sheriffs-join-feder
10. WAMC via WSHU, “New York State sues Rensselaer County over agreement with ICE” (2026-08-27). wshu.org/2026-08-27/new-york-state-ice-287g-ban-lawsuit-rens

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