MINEOLA, N.Y. — The New York Attorney General’s Office has formally instructed the Nassau County Police Department to terminate its agreement with U.S. Immigration and Customs Enforcement (ICE), warning that the county’s participation in the federal 287(g) program is no longer permitted under state law.
In a July 24 letter obtained by Shore News Network, Chief Deputy Attorney General for Social Justice Meghan Faux notified Nassau County Police Commissioner Patrick Ryder that the recently enacted “Local Cops, Local Crimes Act” immediately prohibits local law enforcement agencies from participating in civil immigration enforcement under Section 287(g) of the Immigration and Nationality Act.
The letter gives Nassau County until Aug. 14 to explain the status of its agreement with ICE and the steps being taken to terminate it.
New law bans participation in ICE 287(g) agreements
According to the Attorney General’s Office, the legislation, signed into law on May 27, amended New York Executive Law by creating Section 170-k.
The law prohibits any local government or law enforcement agency from entering into, renewing, extending or continuing agreements under Section 287(g), which allows specially trained local officers to perform certain federal immigration enforcement functions.
The Attorney General’s Office wrote that the prohibition took effect immediately upon enactment.
“The new law prohibits any local government or law enforcement agency from entering into, modifying, renewing, remaining in, or extending any agreement pursuant to subsection 287(g) of the INA,” the letter states.
The letter further advises that local officers may not carry out civil immigration enforcement activities under those agreements, including arresting individuals solely on civil ICE warrants or detainer requests.
Existing agreements become void in August
The Attorney General’s Office also warned that existing 287(g) agreements will automatically become unenforceable under state law.
According to the letter, any agreements in effect when the legislation was signed “shall be deemed not consistent with state law” and will become “void and unenforceable” beginning Aug. 25.
The Attorney General’s Office instructed Nassau County to exercise any contractual termination provisions contained within its agreement with ICE before that deadline.
Nassau County asked to provide compliance plan
The Attorney General’s Office requested that Nassau County submit documentation outlining:
- The current status of its Section 287(g) agreement.
- Any ongoing activities conducted under the agreement.
- Steps already taken to comply with the law.
- Plans for terminating the agreement.
The response is due by 5 p.m. on Friday, Aug. 14, and is to be submitted electronically to Immigrant.Trust@ag.ny.gov, according to the letter.
Program has been politically divisive
Nassau County entered into a Section 287(g) agreement with ICE as part of an effort to increase cooperation between local law enforcement and federal immigration authorities.
Supporters of the program have argued it enhances public safety by allowing local officers to assist federal authorities in identifying individuals subject to immigration enforcement while in custody.
Opponents have argued the agreements undermine trust between immigrant communities and local police departments and exceed the appropriate role of local law enforcement.
The Attorney General’s letter does not address whether Nassau County intends to comply with the request, and the county had not publicly responded in the document provided.
Why it matters
The letter marks one of the first formal enforcement actions following enactment of New York’s “Local Cops, Local Crimes Act.” If Nassau County complies, it would end one of the state’s most prominent local partnerships with ICE under the federal 287(g) program.
Whether Nassau County challenges the law or complies with the Attorney General’s directive could have broader implications for other local governments that maintain or seek similar immigration enforcement agreements with federal authorities.
