Hochul Proposes Ban on Local Police Agreements With ICE Under 287(g) Program

New York Gov. Kathy Hochul on Jan. 30 proposed legislation that would bar state and local law enforcement agencies from signing or maintaining agreements that allow Immigration and Customs Enforcement (ICE) to delegate certain immigration enforcement functions to local officers.

The proposal, which Hochul’s office called the Local Cops, Local Crimes Act, would void New York’s existing 287(g) agreements and prohibit federal agents from using local detention centers for civil immigration enforcement, including what the governor described as “mass raids” and detainee transport. Hochul’s office said the bill would not prevent state or local police from working with federal law enforcement on criminal investigations.

“Over the last year federal immigration agents have carried out unspeakable acts of violence against Americans under the guise of public safety,” Hochul said in a statement. “These abuses – and the weaponization of local police officers for civil immigration enforcement – will not stand in New York. Today, I’m announcing new actions that will safeguard our communities against dangerous federal overreach and ensure that New York law enforcement is focused on keeping New Yorkers safe – not doing the job of ICE.”

Section 287(g)—added to federal immigration law in 1996—authorizes ICE to delegate specified immigration officer functions to state and local law enforcement officers under ICE direction and oversight, according to the agency.

ICE says the program is intended to partner with local agencies “to identify and remove criminal aliens” who are removable from the United States. ICE also says a 2025 executive order directs the agency to authorize state and local participation in the program “to the maximum extent permitted by law.”

Hochul’s office said 14 New York law enforcement agencies across nine counties have signed 287(g) agreements with ICE. The counties listed by the governor’s office include Broome, Cattaraugus, Madison, Nassau, Niagara, Steuben, Otsego, and Rensselaer.

Participating agencies include the Nassau County Police Department and Nassau County Sheriff’s Office, as well as sheriff’s offices in Broome, Cattaraugus, Madison, Niagara, Otsego, Rensselaer, and Steuben counties, along with several municipal departments. The governor’s office said New York would join seven other states—Washington, Oregon, California, Illinois, New Jersey, Delaware, and Connecticut—that currently prohibit 287(g) agreements.

DHS Assistant Secretary Tricia McLaughlin responded to Hohchul’s proposal in a statement to The Epoch Times.

“Governor Hochul would make New Yorkers less safe as a direct result of this policy,” she wrote.

“Our partnerships with state and local law enforcement are key to removing criminal illegal aliens including murderers, rapists, pedophiles, gang members, and terrorists from American communities.

“When politicians bar local law enforcement from working with us, that is when we have to have a more visible presence so that we can find and apprehend the criminals let out of jails and back into communities.”

McLaughlin said that “7 of the top 10 safest cities in the United States cooperate with ICE. Instead of working with us, Governor Hochul is choosing to RELEASE violent criminals from her jails directly back into our communities to perpetrate more crimes and create more victims.”

She said that since Jan. 20, 6,947 criminal illegal immigrants have been released because of the state’s “failure to honor ICE detainers.”

“The crimes of these aliens include 29 homicides, 2,509 assaults, 199 burglaries, 305 robberies, 392 dangerous drugs offenses, 300 weapons offenses, and 207 sexual predatory offenses,” McLaughlin added. “There are currently 7,113 aliens in the custody of a New York jurisdiction with an active detainer. The crimes of these aliens include 148 homicides, 717 assaults, 134 burglaries, 106 robberies, 235 dangerous drugs offenses, 152 weapons offenses, and 260 sexual predatory offenses. We are calling on Governor Hochul to commit to turning these heinous criminals over to ICE.”

Hochul, who is running for reelection, was asked whether the move was a shot across the bow for her opponent for the Republican primary, current Nassau County Executive Bruce Blakeman—as Blakeman entered his county into one of the agreements.

“I don’t accept the characterization that this is a shot against anybody,” she responded, adding that “the vast majority of sheriff’s offices do not have these agreements.”

“So, it has nothing to do with who’s running for office.”

Blakeman said in a statement shared with The Epoch Times that her proposal will “tie the hands of police and endanger communities across New York.”

“Kathy Hochul is the most pro-criminal governor in the United States who has a callous disregard for the safety of our communities and victims of crime,” Blakeman said. “By banning local law enforcement partnerships with ICE, Hochul is allowing dangerous criminals to return to our neighborhoods. That ends when I’m Governor.”

Blakeman noted that ICE has routinely worked with local law enforcement to apprehend illegal immigrants with significant criminal convictions or charges, including those convicted of murder, sexual assault of a child, second-degree rape, and gang assault, as well as multiple individuals with convictions for assault, firearms offenses, and other violent crimes in New York City-area operations.

“These are not minor offenders—these are people who have committed some of the most violent and heinous crimes imaginable,” Blakeman said. “This policy does nothing to make New York more welcoming for immigrants. Instead, it makes our communities less safe.”

At the event announcing the proposal, Hochul tied the legislation to other items she has advanced as part of her State of the State agenda, including a measure that would allow New Yorkers to sue federal officers for alleged constitutional violations and proposals to restrict civil immigration enforcement activity in “sensitive locations” without a judicial warrant, which her office said would include homes.

Hochul’s push drew criticism from Republicans. Rep. Claudia Tenney (R-N.Y.) wrote on X that Hochul “stands with criminal illegal aliens over NYers,” and said “banning 287(g) right now will only intensify the crisis.”

Rep. Nick Lalota (R-N.Y.) also addressed Hochul’s announcement.

“Forcing my home county to become a sanctuary county is about the stupidest idea America’s Worst Governor has had and she’s had some pretty stupid ones,” he wrote on X. “I’ll do everything in my power to stop her, including using my role on the appropriations committee to defund her priorities.”

Hochul pre-addressed criticism in her press conference.

“Others are going to lie about what I’m saying right now, and you can count on this—be ready for the lies,” she said.

“We’ll always cooperate with the federal government to bring violent criminals to justice—full stop. That’s not a change in policy.

“And since I became the Governor, we have turned over 1,400 convicted criminals to ICE. Already served their time here, paid their debt to society, and are now sent to where they came from.”

Hochul’s office framed the proposal as a public safety measure, arguing that using local officers and resources for civil immigration enforcement can undercut community trust and divert staffing from local policing. The proposal will require approval by the state Legislature before taking effect.

The Department of Homeland Security and ICE did not respond to a request for comment before publication time.