Immigration

Judge denies 15 New York sheriffs' bid to block ban on ICE cooperation deals

Albany, New York • November 7, 2026 • By Press Pass USA

The New York State Capitol in Albany (Adobe Stock, via the New York State Senate)

A federal judge has denied 15 New York sheriffs' request to block the state's ban on formal cooperation agreements between local law enforcement and U.S. Immigration and Customs Enforcement, leaving the ban in place while their lawsuit plays out.

U.S. District Judge Mae A. D'Agostino denied the sheriffs' motion for a preliminary injunction in a decision filed Wednesday, November 4, in federal court in Albany. The ruling does not decide whether the law itself is constitutional — the judge found the sheriffs had not shown they have the legal standing to bring their constitutional claims against the state, and declined to reach the merits.

"At this stage, because Plaintiffs have not established a likelihood that they have capacity to sue Defendants for the alleged constitutional violations, their request for preliminary injunctive relief is denied," the decision reads. "In turn, the Court declines to reach the merits of their claims."

The lawsuit, led by Rensselaer County Sheriff Kyle Bourgault, was filed August 25 — the same day the ban took effect — against Gov. Kathy Hochul and Attorney General Letitia James. The ban is part of the state's Local Cops, Local Crimes Act, a package of legislation included in this year's state budget that aims to limit state and local involvement in federal civil immigration enforcement. It bars state and local agencies from entering or keeping so-called 287(g) agreements, under which local officers perform or assist with federal immigration-enforcement functions.

The sheriffs argued the new law creates an "irreversible public-safety risk" and forces agencies into a "non-cooperation posture with the federal government that places critical federal funding streams at immediate risk." The suit was filed by an attorney for the Federation for American Immigration Reform.

Hochul's office welcomed the ruling on Friday, November 6, saying in a statement that "we were confident the courts would reject another attempt to block the Local Cops, Local Crimes Act."

"This decision ensures that critical protections remain in place for New Yorkers against ICE's aggressive and abusive enforcement tactics," the statement continued. "Governor Hochul firmly believes local law enforcement should be focused on keeping our communities safe, and she will continue fighting to defend this law and protect New Yorkers from federal overreach."

James responded to the decision in a post on X on Thursday, November 5. "Local law enforcement should be focused on keeping New Yorkers safe, not carrying out the administration's cruel mass deportation agenda," she wrote. "We will continue to defend our laws in court."

The state moved quickly after the ruling to enforce the next piece of the law. On Friday, the attorney general's Office of Immigrant Trust sent guidance to county executives and sheriffs across New York about a related ban on agreements to house or detain people for federal civil immigration violations, which requires an end to those agreements by November 25.

"Allowing ICE to utilize our local jails for civil immigration detention does not make our communities safer," Hochul said in a written statement Friday. "Today's reminder ensures that counties across the state are prepared to fully wind down any agreement that gives federal agents access to local jails in New York."

Local agencies can still contract detention space for people facing pending federal criminal charges, as long as the agreement does not cover detention solely for federal criminal immigration violations, according to the attorney general's office. Agencies also remain free to comply with state or federal court orders or judicial warrants.

The fight is far from over. The sheriffs' lawsuit is still pending, and they are expected to appeal the ruling. The U.S. Department of Justice has separately sued the state over the new law, and a federal judge has temporarily blocked a provision banning ICE agents from wearing masks during immigration enforcement operations while that legal fight plays out. James has filed a countersuit to uphold the law.

The ruling is the latest in a wave of court battles over how much local police can — or must — help with the Trump administration's deportation campaign. Nationwide, more than 29,000 state and local officers are now deputized under the 287(g) program, roughly double the count in February, according to a recent FWD.us analysis reported by NPR.

Sources: lohud / USA TODAY Network, "Judge denies 15 NY sheriffs' challenge to ICE agreement ban" (Nov. 6, 2026); Bloomberg Law, "NY Sheriffs Lose Bid to Block Ban on ICE Cooperation For Now" (Nov. 4, 2026); Caribbean Media Corporation, "Caribbean immigration advocates welcome US court ruling on ICE ban" (Nov. 6, 2026).