Gov. Kathy Hochul and Attorney General Letitia James notified county executives and sheriffs on Friday, Nov. 6, that contracts to hold federal civil immigration detainees must end by Nov. 25. The directive follows the Local Cops, Local Crimes Act, signed in May.
Gov. Kathy Hochul and Attorney General Letitia James announced on Friday, Nov. 6, that they have sent a letter to county executives and sheriffs across New York State notifying them that all contracts to hold civil immigration detainees in local jails on behalf of federal immigration authorities must be terminated by Wednesday, Nov. 25. The letter, sent by the Attorney General's Office of Immigrant Trust (OIT), outlines the legal obligations and how to comply.
The basis is the Local Cops, Local Crimes Act, signed on May 27.
Which Agreements Are Allowed and Which Are Banned
If a single contract combines criminal detention and civil immigration detention, only the portion covering detention for civil immigration violations must be terminated. Contracts to hold people awaiting federal criminal prosecution remain permitted, as long as they do not include detention based solely on a federal civil immigration violation. Complying with court orders or judge-issued warrants is also not prohibited. The letter asks each county to inform OIT of the steps it has taken to comply with the law, or to confirm that it has no prohibited contracts.
OIT has the authority to receive complaints, conduct investigations, issue subpoenas and file civil lawsuits. Anyone who believes a state or local agency or employee, contractor, school or other entity has violated state laws on immigration enforcement can file a complaint on the Attorney General's Office website. Those who witness federal immigration enforcement activity can submit a report at ag.ny.gov/federal-actions-form.