The New York 287(g) ban, which bars local police and sheriffs from signing formal immigration enforcement agreements with the federal government, remains in force for now. At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. According to the Times Union, which reported the decision on November 6, 2026, a federal judge denied a request by 15 sheriffs to temporarily suspend the law while their lawsuit proceeds.
Here is what we know, what we do not know yet, and what you can do.
What Did the Judge Decide About the New York 287(g) Ban?
The law being challenged is the Local Cops, Local Crimes Act, which Gov. Kathy Hochul signed in May 2026. Among other things, it bars state and local agencies from keeping 287(g) agreements with Immigration and Customs Enforcement (ICE). Agencies that had them were required to end them by August 25, 2026.
That same day, 15 sheriffs from counties including Rensselaer, Broome, Orange, Saratoga, and Jefferson sued the governor and Attorney General Letitia James in the U.S. District Court for the Northern District of New York. They argue that Congress authorized these agreements and that the state cannot forbid them. The case, Bourgault v. Hochul, is assigned to Judge Mae A. D’Agostino, according to the outlet UnoTV.
What the judge denied now is a preliminary injunction: a temporary pause on the law while the case is litigated. The decision does not settle whether the law is constitutional; that question will be decided later, and the sheriffs can appeal.
What Other Lawsuit Is Still Pending Against the Law?
In June 2026, the Department of Justice (DOJ) also sued New York over this law. On August 3, Judge D’Agostino declined to block the 287(g) ban, calling it an “appropriate means” of protecting public welfare, according to the public radio station WSKG. She did, however, block the part of the law that barred ICE agents from covering their faces.
That federal lawsuit is still ongoing, so the law’s future has not been decided. In the meantime, the state is moving ahead with enforcement: on November 6, the Attorney General’s Office told counties and sheriffs that they must end, by November 25, 2026, any contracts to hold people in local jails solely for civil immigration violations.
What Is the Difference Between a 287(g) Agreement and ICE’s Own Authority?
A 287(g) agreement is an arrangement in which ICE delegates certain immigration functions to local police or sheriffs, such as checking the status of people booked into a jail or serving ICE administrative warrants. Banning them means local officers no longer act as an extension of ICE.
But ICE does not depend on those agreements to operate. Its federal officers can investigate, arrest, and detain people in New York under their own authority, with or without local help. This is key:
- The law does not create immigration status: if you are undocumented or your status has expired, your legal situation is unchanged.
- ICE can still make arrests: on the street, at a home with the proper warrant, or in other places, under federal law.
- It is not a blanket “sanctuary” rule: the law limits formal cooperation, but it does not stop all communication between agencies or cooperation in criminal investigations.
- Transfers may happen: if detention contracts at county jails end, people in ICE custody could be moved to other facilities.
It is a dispute similar to the one we described when New York City threatened to sue ICE over the use of city parking lots: governments are arguing over how far cooperation goes, but your rights in front of an officer do not depend on how those fights end.
What Can You Do If You Live in New York?
- Know your rights: you have the right to remain silent, to not open the door without a warrant signed by a judge, and to not sign documents before talking to an attorney.
- If a relative is held by ICE in a county jail: write down their registration number (A-Number) and check the ICE detainee locator often, because they could be transferred.
- If you are arrested for a crime: get criminal defense and immigration advice at the same time; a criminal case can carry immigration consequences even without a 287(g) agreement.
- Have a family plan: keep copies of your documents and your attorney’s phone number, and decide who will care for your children if you are detained.
- Do not rely on headlines: this ruling is temporary, and the law can still change in court.
Protect Your Immigration Status with Campos Law Firm
Court battles among states, sheriffs, and the federal government change the climate, but they do not resolve your case. What defines your options is your history, how you entered, and your pending applications. Our team of immigration attorneys can review your situation and explain what to do, whether you live in New York or in any other state.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
With information from the newspaper Times Union, the New York Attorney General’s Office, the website Police1, the public radio station WSKG and the outlet UnoTV.
