New York local governments and law enforcement agencies must end agreements to house people for federal civil immigration detention by Nov. 25, state officials said Friday.
Attorney General Letitia James and Gov. Kathy Hochul notified local officials of the deadline under the Local Cops, Local Crimes Act, which Hochul signed May 27.
Which detention agreements must end
The law bars covered local entities from entering, modifying, renewing, extending or remaining in formal or informal agreements to house federal civil immigration detainees. Existing agreements become void and unenforceable after the deadline, three months after the law took effect.
A guidance letter to local officials says agreements covering both federal criminal detention and civil immigration detention must have their civil immigration provisions removed. Officials cannot continue the prohibited arrangements simply because those arrangements also cover criminal cases.
The restriction applies to civil immigration custody. The state said it does not prevent detention connected to pending federal criminal charges when the person is not held solely for civil immigration purposes. It also does not prevent compliance with court orders or judicial warrants.
The letter cites Executive Law Section 170-k and asks recipients to provide information showing compliance by Nov. 25, or confirm that their entities have no covered agreements. It directs questions to Immigrant.Trust@ag.ny.gov.
How the state will enforce the law
The attorney general's Office of Immigrant Trust can receive complaints, investigate possible violations, issue subpoenas and bring civil enforcement actions. The office said it will monitor compliance with the detention-contract restrictions.
Residents can submit complaints to the Office of Immigrant Trust. The attorney general also maintains a separate form for reporting federal actions.
The announcement sets a statewide compliance deadline. It does not identify a particular Finger Lakes county as violating the law or establish that any named local jail currently has a prohibited agreement.
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