By Eden Stratton
The Record, Troy, N.Y.
RENSSELAER COUNTY, N.Y. — State Attorney General Letitia James and Gov. Kathy Hochul announced on Thursday that they are filing a lawsuit against the Rensselaer County Sheriff’s Office for failing to comply with New York’s Local Cops, Local Crimes Act (LCLCA) concerning the county’s 287(g) agreement.
287(g) agreements are agreements between U.S. Immigration and Customs Enforcement (ICE) and state or local law enforcement agencies that allow local officers to perform certain federal civil immigration enforcement functions, according to a press release from Hochul’s office. The law, which was signed by Hochul, a Democrat, on May 26 of this year, prohibits local governments and law enforcement agencies from entering or remaining in 287(g) agreements with ICE.
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The Rensselaer County Sheriff’s Department’s 287(g) agreement, which has been in effect since 2018, uses the Jail Enforcement Model — which “allows designated immigration officers to identify and process removable aliens who have pending or active criminal charges,” according to the ICE website.
According to Rensselaer County Sheriff Kyle Bourgault, a Republican, during a press conference on Tuesday, since 2018 the county jail “has identified (nine) that have been removed.”
The state alleges that the sheriff’s office has “failed to perform duties required of it under state law,” according to the release. The suit filed requests that the Rensselaer County Supreme Court order the sheriff’s office to terminate its 287(g) agreement, and to declare the agreement “void and unenforceable,” the release added.
Last month, James, a Democrat, sent letters to the 12 local law enforcement agencies in New York that had 287(g) agreements with ICE, informing them that state law requires that they unwind the agreements by Aug. 25, 2026.
Through the Office of Immigrant Trust (OIT), state officials said the attorney general’s office will ensure that municipalities comply with New York law.
“Today’s lawsuit is the first legal action brought by the OAG’s newly established Office of Immigrant Trust (OIT) under the LCLCA,” the release said. “The OIT was created to enforce New York laws limiting state and local involvement in federal civil immigration enforcement and is authorized to investigate potential violations and bring civil actions when warranted.”
James said that all law enforcement agencies are expected to follow state law. In June, the U.S. Department of Justice (DOJ) filed a federal lawsuit challenging the LCLCA — On Aug. 3 , the U.S. District Court for the Northern District of New York denied the federal government’s request to block New York’s ban on 287(g) agreements, allowing the state’s Aug. 25 deadline to remain in effect, the release said.
“All law enforcement agencies are expected to uphold New York’s laws,” James said in a press release. “The Rensselaer County Sheriff’s Office has been given every opportunity to follow the law, yet has chosen not to. My office is suing to enforce New York’s laws and ensure that local law enforcement agencies remain focused on their most fundamental responsibility: keeping New Yorkers safe.”
The state’s measure comes on the heels of Rensselaer County Executive Steve McLaughlin, a Republican, announcing that the county filed its own lawsuit in the Northern District of New York challenging the statewide ban on Tuesday. McLaughlin has maintained he has no intention of dissolving the agreement.
“We look forward to answering this legal action,” Richard Crist, spokesman for Rensselaer County, said to The Record.
However, Hochul has remained steadfast in her commitment to eliminating 287(g) agreements across New York. She called the county’s opposition to complying with the law a “failure.”
“Compliance with the Local Cops, Local Crimes Act is not optional,” Hochul said in the release. “Rensselaer County’s failure to act in accordance with the law sends a clear message: these elected leaders are not serious about New Yorkers’ safety.”
“Today, we are taking action to ensure the Rensselaer County Sheriff’s Office performs the duties required of it under state law, because no one in New York State is above the law.”
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