The legal push for a preliminary injunction in Bourgault v. Hochul comes as tensions escalate over the state's reach into local law enforcement. Rensselaer County Sheriff Kyle Bourgault, a plaintiff in the case, is currently facing a separate state-level lawsuit from Attorney General Letitia James aimed at forcing the termination of his office’s 287(g) agreement with ICE. The sheriffs contend that these agreements are essential for screening jail detainees against federal immigration databases, preventing individuals wanted for serious crimes from being released back into their communities.
In section Releases
New York Sheriffs Fight to Keep ICE Partnerships Amid Legal Showdown
Fifteen New York sheriffs, backed by the Federation for American Immigration Reform, are demanding a federal court block Albany’s “Local Cops, Local Crimes Act.” The move follows a high-stakes legal filing in the Northern District of New York, where officials argue the state is unconstitutionally dismantling vital public safety tools.
Dale L. Wilcox, executive director of FAIR, asserted that the state law goes beyond mere non-cooperation by actively obstructing congressionally authorized partnerships. The plaintiffs are looking toward a recent federal ruling in Virginia, which blocked a similar state-level ban on 287(g) programs, as a potential roadmap for their own request. As the court weighs whether to hold an evidentiary hearing or rule based on the submitted briefs, the sheriffs maintain that maintaining the status quo is the only way to preserve public safety operations while the litigation unfolds.
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