WAMPSVILLE, N.Y. — 15 New York State sheriffs have filed a lawsuit against Governor Kathy Hochul and Attorney General Letitia James over the stripping of their ability to work with Immigration and Customs Enforcement.
The lawsuit, filed in federal court and dated Aug. 25, names three Central New York sheriffs as petitioners. Those are Madison County Sheriff Todd Hood, Oswego County Sheriff Don Hilton and Cayuga County Sheriff Brian Schenck.
In late July, Governor Hochul and Attorney General James sent letters to local law enforcement agencies demanding they terminate any agreements with ICE. The letter demanded that they stay in compliance with New York State’s “Local Cops, Local Crimes Act.”
The legislation was enacted on May 27. It prohibits any local government or law enforcement agency from conducting civil immigration enforcement.
The lawsuit claims that the New York State law conflicts with federal laws. The suit said that, per Congress, partnerships between local, state, and federal agencies are encouraged to enter into written agreements in which local law enforcement assists with the identification, detention and removal of illegal immigrants violating federal law.
The plaintiffs also argued that sheriffs are independently elected, are not subordinate to the governor or attorney general and are permitted to exercise their “own judgment.”
“Under the New York Constitution’s guarantees of Home Rule (Article IX) and Separation of Powers, and under the independent status of their office, they possess the authority to make their own judgments about whether and how to participate in the cooperative framework Congress created,” the lawsuit said.
On Aug. 17, Madison County Sheriff Todd Hood announced that his office terminated its agreement with ICE. However, additional details of the termination were not released.
The Madison County Sheriff’s Office was one of 12 in New York State that received letters from the governor and attorney general demanding that they end their agreements and that they were out of compliance with state law.
Those letters demanded that any agency out of compliance submit proof of termination of its agreement.
The lawsuit seeks the declaration that the “Local Cops, Local Crimes Act” is unconstitutional.