The Peru Gazette

Local Cops, Local Crimes Act Prohibits Local Jails from Housing Civil Immigration Detainees Starting November 25

November 6, 2026 – Governor Kathy Hochul and New York Attorney General Letitia James today announced that the Office of the Attorney General’s (OAG) Office of Immigrant Trust (OIT) sent a letter to county executives and sheriffs across New York State providing them with guidance about their legal obligation to end any agreement to house or detain people for federal civil immigration violations by November 25, 2026. Under the Local Cops, Local Crimes Act, passed by the New York legislature and signed by Governor Hochul in May, local governments are prohibited from housing civil immigration detainees in local correctional facilities on behalf of federal immigration authorities, and have until November 25 to unwind those agreements.

“When I signed the Local Cops, Local Crimes Act into law, I made it clear that our local law enforcement should be focused on protecting New Yorkers and keeping dangerous criminals off our streets, not helping ICE carry out their aggressive deportation agenda,” Governor Kathy Hochul said. “Allowing ICE to utilize our local jails for civil immigration detention does not make New York safer. That is why today we are ensuring that all counties are prepared to fully wind down any agreement that gives federal agents access to local jails in accordance with State law.”

New York Attorney General Letitia James said, “Local officials should not be doing the work of federal immigration authorities. New York passed the Local Cops, Local Crimes Act because taxpayer resources should be dedicated solely to keeping our communities safe. My office is providing guidance to help local officials understand their obligations under the law and ensure they meet the deadline.”

The Local Cops, Local Crimes Act, signed into law on May 27, 2026, bars any local government or law enforcement agency from entering into, modifying, renewing, extending, or remaining in any contract, intergovernmental service agreement, or other formal or informal agreement to house or detain people for federal civil immigration violations. The law requires any agency with a prohibited agreement to use its termination provision by November 25, 2026, three months after the law’s effective date. After that date, any such agreement is void and unenforceable under state law. If an agreement covers both criminal and civil detention, the agency must end the portion that allows detention for federal civil immigration violations.

Governor Hochul and Attorney General James emphasize that the law does not prevent a local agency from contracting for detention space for people facing pending federal criminal charges, as long as the agreement does not include detention solely for a federal civil immigration violation. It also does not stop any agency from complying with a state or federal court order or judicial warrant. The letters ask county executives and sheriffs to inform OIT of the steps they have taken to comply with the law or confirm that they do not have prohibited agreements.

The OIT is authorized to receive complaints, conduct investigations, issue subpoenas, and bring civil actions to ensure compliance with state law. New Yorkers who believe a state or local agency, employee, contractor, school, or other covered entity has violated state laws on civil immigration enforcement should file a complaint online. New Yorkers who witness federal enforcement actions anywhere in the state should report them through OAG’s federal action portal at ag.ny.gov/federal-actions-form.