New York State Attorney General Letitia James is asking a state court judge to terminate an agreement between the Rensselaer County Sheriff's Office and U.S. Immigration and Customs Enforcement.
In a lawsuit filed Thursday, James accused Rensselaer County Sheriff Kyle Bourgault of violating the recently passed Local Cops, Local Crimes Act. The law bars law enforcement agencies in New York from maintaining 287(g) agreements with ICE.
“The Rensselaer County Sheriff’s Office has been given every opportunity to follow the law, yet has chosen not to," James said in a statement Thursday. "My office is suing to enforce New York’s laws and ensure that local law enforcement agencies remain focused on their most fundamental responsibility: keeping New Yorkers safe.”
The lawsuit comes two days after Bourgault and 14 other sheriffs sued New York State in federal court. Nassau County is also expected to join the lawsuit.
"This isn't just about 287(g)," Bourgault said during a press conference Tuesday. "This is about tools being taken away from law enforcement to safely protect the people they are closest to. I was elected by the people of Rensselaer County to serve as their sheriff and to make the difficult decisions on how we keep this county safe, and that is why I will continue to advocate for the independence of the office of sheriff."
Rensselaer County has had a 287(g) agreement since 2018, which allows sheriff's deputies to identify immigrants in the county jail and initiate immigration proceedings against them on behalf of ICE. Court documents indicate that Rensselaer County has removed nine immigrants under the program.
Rensselaer County's agreement was unique among those in New York State. Other 287(g) agreements were enacted during President Donald Trump's second term and allowed officers to make immigration-related arrests and/or serve and execute warrants on immigrants in their custody.
Twelve other jurisdictions had 287(g) agreements with ICE, but the Rensselaer County Sheriff's Office is the only one that refused to terminate their contract.
