A federal judge in Albany has upheld New York state's prohibition on local law enforcement agencies entering into 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE), reinforcing the state's effort to restrict cooperation with federal immigration enforcement. The ruling by Judge Mae D’Agostino came shortly after the state notified 12 local agencies that their existing agreements with ICE, which permit local police to assist in civil immigration enforcement, are now in violation of state law and must be terminated.

This decision marks a significant assertion of state authority amid ongoing tensions between federal immigration policies and local law enforcement roles. While Judge D’Agostino also struck down a separate state-level mask mandate, which has been challenged on constitutional grounds related to federal supremacy, she allowed New York’s restrictions on 287(g) agreements to proceed. In addition to banning local cooperation under 287(g), New York law also prevents local jurisdictions from contracting with ICE to use their jails as part of the federal immigration detention system.

Supporters of the ban argue that immigration enforcement is a federal responsibility and that diverting local police resources to participate in ICE operations detracts from their primary mission of addressing local crime. They contend that local law enforcement officers are hired and funded to protect their communities from criminal activity, not to perform civil immigration duties, which can undermine community trust and public safety. Critics of such cooperation further assert that recent federal immigration enforcement practices have prioritized the number of arrests over constitutional safeguards, due process, and the targeting of genuine public safety threats.

Opponents of cooperation highlight cases where individuals legally present in the United States, including long-term residents, have been detained despite complying with immigration laws, raising concerns about unconstitutional actions. They also note that some courts have ruled it illegal for local officials to hold individuals at ICE’s request beyond their release eligibility under local law, potentially increasing liability risks for law enforcement agencies.

The state’s move to enforce the ban on these agreements reflects broader efforts to resist federal immigration enforcement tactics deemed aggressive or harmful to immigrant communities. Local agencies with existing 287(g) partnerships have been urged to terminate them promptly in response to the state’s directive.

The ruling underscores ongoing debates about the appropriate division of authority between federal and state governments in immigration enforcement and the role of local police in such matters. As policies continue to evolve, New York’s stance illustrates a growing trend among states seeking to limit local involvement in federal immigration operations to prioritize community safety and legal protections.