New York law curbing local police cooperation with ICE takes effect today
MANHATTAN (WABC) -- A new state law in New York prohibiting local police agencies from cooperating with federal immigration enforcement takes effect Tuesday, setting up a potential legal showdown between the state and Nassau County, which has not yet committed to complying with the measure.
The legislation, known as the Local Cops Local Crimes Act, bars local government agencies from entering into or maintaining agreements with Immigration and Customs Enforcement to carry out civil immigration enforcement and detain immigrants in local jails.
According to state officials, 13 counties had such agreements in place when Gov. Kathy Hochul signed the measure into law in May.
Eleven counties said they would end those arrangements by the deadline, but some counties, including Rensselaer and Nassau, are still weighing their options.
Back in February, Nassau County allowed 10 officers to be deputized by ICE and the county has also been allowing ICE to use its jails as holding facilities and are being reimbursed by the federal government.
Hochul spoke about the law in Albany on Tuesday morning and said local police should be focused on local crimes and keeping crime down instead of diverting them to enforce civil immigration issues.
"Local police will assist ICE only if a real crime has been committed, but on civil immigration matters, ICE is on their own," Hochul said. "Let me be clear, any police department or sheriff's office that disobeys this law, that maintains any agreement with ICE, will face legal action."
Nassau County Executive Bruce Blakeman, who is running for governor, has said the county is considering whether to comply with the law.
"No county executive should think that they are above the law in the state of New York," Hochul said. "However, if they do thwart the laws that are duly elected or enacted by this legislature and the governor, the Attorney General will be fully responsible for enforcement."
The process of enforcing the bans is underway.
The state Attorney General's Office of Immigrant Trust has issued subpoenas to both Nassau County police and the Nassau County sheriff. The state considers Nassau County out of compliance with the state law that went into effect.
On Tuesday afternoon, immigration advocates took to the steps of Nassau County police headquarters in Mineola to call out Blakeman and the jurisdiction's cooperation agreements with ICE.
"And though we passed these laws, we're not taking our foot off the gas. We know that implementation is where policies can go to die, and we will not let this happen," said Natalia Aristizabal with Make the Road New York.
One of the key questions is whether Nassau could challenge the statute in court, arguing it infringes on local governing authority. Another unresolved issue is whether New York could withhold federal funding flowing to counties that refuse to comply.
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