Governor Kathy Hochul and New York Attorney General Letitia James on Friday said the Attorney General’s Office of Immigrant Trust sent letters to county executives and sheriffs across the state providing guidance about their legal obligation to end any agreements to house or detain people for federal civil immigration violations by Nov. 25, 2026.
According to the announcement, the guidance follows the Local Cops, Local Crimes Act, which the legislature passed and Hochul signed in May. The law prohibits local governments and law enforcement agencies from entering into, modifying, renewing, extending, or remaining in agreements to detain people for federal civil immigration violations in local correctional facilities. It requires any agency with a prohibited agreement to use its termination provision by Nov. 25, 2026. After that date, any such agreement is void and unenforceable under state law.
Hochul said allowing federal immigration authorities to use local jails for civil detention “does not make New York safer” and that the state is ensuring counties are prepared to end access to local jails for that purpose. James said, “Local officials should not be doing the work of federal immigration authorities,” adding that taxpayer resources should go to community safety.
The announcement said the law allows local agencies to contract for detention space for individuals who have pending federal criminal charges, so long as the agreement does not include detention solely for a federal civil immigration violation. It also does not bar compliance with a state or federal court order or judicial warrant. If a contract covers both criminal and civil detention, the local agency must end the portion allowing detention for civil immigration violations.
The letters ask county executives and sheriffs to inform the Office of Immigrant Trust about what steps they have taken to comply with the law, or to confirm that they do not have prohibited agreements.
According to the announcement, the Office of Immigrant Trust is authorized to receive complaints, conduct investigations, issue subpoenas, and bring civil actions to ensure compliance with state law. New Yorkers who believe a covered entity has violated state laws on civil immigration enforcement should file a complaint online. The announcement says New Yorkers who witness federal enforcement actions anywhere in the state should report them through the Attorney General’s federal action portal.
The law requires use of termination provisions by Nov. 25, 2026, which the announcement said is three months after the law’s effective date.