NEW YORK — The lawsuit challenges New York's "Local Cops, Local Crimes Act" and the newly created Office of Immigrant Trust, which went into effect on August 25, 2026. A dozen New York sheriffs who had signed ICE cooperation deals had their agreements dissolved or planned to dissolve them following the enactment of the new law. New York state has sued one sheriff's agency for failing to comply with the new law.

Wayne County Sheriff Robert Milby is one of the 15 sheriffs suing the state. According to the lawsuit, Milby took steps in 2025 to sign onto a warrant service officer version of the 287(g) program, although Wayne County does not currently have a 287(g) agreement in place. The plaintiffs are represented by lawyers from the Federation for American Immigration Reform, which is also representing the Maryland sheriffs in their lawsuit.

Milby argued that local authorities require independence to coordinate with federal partners. "Local crime, while it manifests locally, most of the time it's international in origin," Milby said. He added that historical success in policing depends on collaboration across jurisdictions. "Throughout history the only way that law enforcement is successful is when all levels work together," he said.

Milby characterized the state legislation as an intrusion on local governance. "This is about the overreach of our governor deciding what's best for our local governments," he said. He emphasized his accountability to local constituents rather than state officials.

"I answer to the voters. I don't answer to the governor. I don't answer to the attorney general. I mean, what does Albany know about the local law enforcement needs of Wayne County? They don't," Milby said.

New York Governor Kathy Hochul stated the lawsuit is a "waste of taxpayer dollars" and that her office is confident courts will side with the state. Roderick Hills Jr. a law professor at New York University, offered a different perspective on the legal relationship between local and state entities. "The city has no right against the state that created it. Think of it as like cities are the children of the state, the state is the parent. You need the parents' consent to go on a field trip," Hills said.

Why It Matters

The dispute occurs within a broader national context involving federal and state conflicts over immigration enforcement. The U.S. Department of Justice sued Virginia and New York in June 2026, in part over their bans on 287(g) agreements. This legal landscape mirrors earlier actions in other states, such as Texas, where similar mandates faced judicial review.

In 2017, Texas enacted Senate Bill 4, which banned local governments from refusing to enforce federal immigration laws. A federal appeals court upheld most of Texas Senate Bill 4 after the state sued Travis County for non-compliance. These precedents reflect the ongoing legal questions regarding the authority of local governments versus state mandates in enforcing immigration cooperation bans.

Timeline

According to the lawsuit, Robert Milby took steps in 2025 to sign onto a warrant service officer version of the 287(g) program.

New York's "Local Cops, Local Crimes Act" went into effect on August 25, 2026. On that same day, fifteen sheriffs in New York filed a lawsuit against the state challenging a new law that bans local law enforcement agencies from signing cooperation deals with U.S. Immigration and Customs Enforcement. The sheriffs also filed an emergency motion seeking to block New York state from voiding existing 287(g) agreements. The state was directed to file a response by September 9, 2026, opposing the sheriffs' request for a temporary restraining order and preliminary injunction, as specified in the article from the Times Union.