A new New York State ban is officially in effect, but a growing number of counties are already saying they won't follow it.

New York's ban on local police agencies cooperating with ICE went into effect on Tuesday.

New York Banned Local Police From Working With ICE

Pool, Getty Images
Pool, Getty Images

Back in May, Governor Kathy Hochul signed the measure, which prevents local police from entering into agreements with Immigration and Customs Enforcement regarding civil immigration enforcement and bringing immigrants into local jails.

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The law prevents local police from entering into formal agreements with ICE for civil immigration enforcement and bars the use of locally funded officers to carry out immigration matters. Police can still assist federal authorities if a crime has been committed, but the formal cooperation contracts, known as 287(g) agreements, are now banned under state law.

These Communities Are Defying The Law

Stephen Maturen, Getty Images
Stephen Maturen, Getty Images

Several counties across the state are already pushing back, and some are taking the fight to federal court. Fifteen county sheriffs have filed a federal lawsuit challenging the law, led in large part by Rensselaer County Executive Steve McLaughlin and Sheriff Kyle Bourgault, who announced they intend to continue their longstanding 287(g) jail enforcement model regardless of what Albany says.

At a news conference, McLaughlin made clear where he stands. "Despite the lax, pathetic, weak bail reforms that were enacted by Democrats in Albany, they did something serious enough to land in our jail," he said. "All we do is run them through a federal database to find out what other crimes they may have committed, which may, in fact, be worse and more heinous than the crime they were arrested and arraigned and remanded for."

Orange County Among The 15 Counties

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Google

In the Hudson Valley, Orange County is among the sheriffs joining the lawsuit. The full list of the 15 counties suing the state includes Orange County, Broome, Cattaraugus, Cayuga, Delaware, Franklin, Fulton, Jefferson, Lewis, Madison, Oswego, Rensselaer, Saratoga, St. Lawrence, and Wayne counties.

Nassau County is also watching closely. County Executive Bruce Blakeman, a Republican challenging Hochul in the upcoming governor's race, says he is weighing whether Nassau will comply with the new law at all.

Hochul Isn't Backing Down

Michael M. Santiago, Getty Images
Michael M. Santiago, Getty Images

Hochul isn't backing down. She and Attorney General Letitia James released a joint statement calling the lawsuit "a frivolous waste of taxpayer dollars," noting that courts have already declined to block the law once.

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They pointed out that the vast majority of New York's law enforcement agencies were already operating without any formal ICE agreements and successfully protecting their communities.

In their statement, Hochul and James also took direct aim at the current immigration enforcement climate, writing that "ICE is terrorizing communities and families with indiscriminate raids, detaining people without regard for criminal record, and using local law enforcement to deliver on the administration's mass deportation agenda."

Michael M. Santiago, Getty Images
Michael M. Santiago, Getty Images

The courts will ultimately decide whether the law stands. In the meantime, Hochul and James say they expect all law enforcement in New York to uphold state law, and those who don't will face legal action.

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