NASSAU COUNTY CIVIC ASSOCIATION, INC.

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August 30, 2026

Hochul Moves to Protect Violent Illegal Alien Criminals

Signs law blocking police from turning criminals over to ICE

Governor Hochul pushed for legislation to shield violent criminal illegal aliens from deportation by barring local police and sheriff's from turning over criminal illegal aliens being held in local jails. In May of this year, the Governor signed the bill into law. The law which is called, Local Cops, Local Crimes Act bans localities from entering into agreements with Immigration and Customs Enforcement (ICE). The agreement known as 287 (g) delegate limited immigration enforcement authority to local law enforcement authorities who are specifically trained. As of this year, 1564 jurisdictions across forty states participate. Some jurisdictions such as the State of Florida involve all law enforcement agencies while other jurisdictions involve individual counties. The majority of jurisdictions involve trained correction officers who alert ICE when those illegally present are booked into their jails and assist in processing the inmates for transfer to ICE custody. This would involve those who are arrested for criminal offenses and many who have lengthy rap sheets inside the United States as well as criminal histories in their home countries. Nassau County and eleven other New York counties had 287 (g) agreements. Once the law took effect, those counties were forced to withdraw from the program.

In response, fifteen New York Sheriffs filed a lawsuit in federal court asserting the state law is unconstitutional as the sheriffs are independently elected and the state cannot force them to abrogate legal agreements entered in with the federal government. Governor Hochul and Attorney General (AG) Latisha James threatened to bring legal action against any locality that refuses to comply.  The AG also issued subpoenas to those who did not abrogate their agreements with ICE. While the Governor claims that law enforcement agencies can cooperate with ICE involving criminal illegal aliens, the law prohibits active cooperation to remove criminals from local jails. It also bars localities from allowing ICE to use local jails to hold illegal aliens. The Governor also claimed that part of the reason for the new law was to ensure that local police agencies use their resources for local crimes, however many jurisdictions received reimbursement from ICE for housing illegal aliens which reduced the need to raise taxes to cover the expenses related to the operation of local jails. By ensuring criminal illegal aliens are turned over to ICE, active public safety threats were removed from local streets and by doing so, preventing future crimes. It also reduced the response of local police to assist ICE with crowd control and or unruly crowds when criminal illegal aliens were taken into custody on the street by ICE.

The law does more than just ban 287 (g) agreements. It bars the use of local jails to house illegal aliens detained by ICE and prohibits local governments from authorizing the construction of private prisons to house illegal aliens. It attempts to thwart ICE arrests by creating a new right of action to sue ICE for alleged civil rights violations which will only encourage frivolous suits. It also creates a list of sensitive locations barring federal agents from entering such as homes, schools, hospitals, day care centers and places of worship. No such sensitive locations exist for any other New York law enforcement agency. It also limits cooperation with ICE on criminal matters in that it requires a federal warrant versus a ICE detainer in cases where ICE is seeking custody of criminal aliens. The distinction matters. Unless the criminal alien has a pending federal criminal charge, no criminal warrant would exist. Thus ICE which relies on civil detainers to take custody of criminal aliens incarcerated at local jails (facing state and or local charges), the jurisdiction would be unable to transfer the criminal alien over to ICE custody. Even when an illegal alien is charged with a serious violent crime such as rape, sexual assault of a child, dealing drugs, domestic violence, local authorities would have to ignore any ICE detainer when the criminal alien is released from custody allowing criminal aliens back onto the streets. Yet Hochul called her press release touting the new law, "Keeping New Yorkers safe".

The number one priority of government is to protect residents. This is the one issue where there is usually no disagreement. Criminals need to be held accountable and those who are here illegally who are criminals need to be removed from our country. Just ask Kathy Hochul who said back in 2024, "If someone breaks the law, I'll be the first person to call up ICE and say 'get them outta here". In light of Hochul's recent action, she lied. She is now firmly on the side of illegal alien criminals. Now the mask is off, Hochul again puts criminals first. Her words mean nothing, her actions prove other wise.