New York gives counties until Nov. 25 to stop holding ICE detainees in local jails

County jails across New York have until Wednesday, Nov. 25 to get out of any arrangement that lets federal immigration authorities use their cells for people held only on civil immigration violations. After that date, such deals are void under state law.

Attorney General Letitia James and Gov. Kathy Hochul said Friday, Nov. 6, that the AG's Office of Immigrant Trust had sent a guidance letter to county executives and sheriffs statewide spelling out the deadline, according to the attorney general's announcement. WBNG and SILive also reported the letters.

What the law requires

• The ban: The Local Cops, Local Crimes Act, signed by Hochul on May 27, 2026, bars local governments and law enforcement agencies from entering, renewing, extending or staying in any contract, intergovernmental service agreement or informal arrangement to house or detain people for federal civil immigration violations. It adds Section 170-k to the state Executive Law, the AG's letter says.
• The deadline: Agencies with such deals must use the termination clause by Nov. 25, three months after the law's effective date. After that, any remaining agreement is "void and unenforceable" under state law.
• Mixed contracts: Where an agreement covers both criminal and civil detention, the agency has to end only the civil immigration portion.
• What is still allowed: Renting jail space to federal agencies for people facing pending federal criminal charges, as long as no one is held solely on a civil immigration violation, and complying with a state or federal court order or judicial warrant.
• Reporting: The letter asks sheriffs and county leaders to tell the office what they have done to comply, or to confirm they have no prohibited agreements.

What officials said

"Local officials should not be doing the work of federal immigration authorities," James said in the release. Hochul said allowing ICE to use local jails for civil detention "does not make our communities safer."

Enforcement so far

The same law gave agencies until Aug. 25 to drop 287(g) agreements, which deputize local officers to carry out some civil immigration enforcement. The state later sued the Rensselaer County Sheriff's Office, saying it was the only one of 12 agencies with such agreements that had not signaled it would dissolve its deal, according to an earlier AG release.

On Long Island, ABC7 reported in August that Nassau County had been letting ICE use its jail as a holding facility, with federal reimbursement, and that the AG's office had subpoenaed the county police and sheriff. The Nov. 25 deadline targets exactly that kind of jail-space arrangement.

How to report a violation

The AG's office says New Yorkers who believe a state or local agency is violating the state's civil immigration enforcement laws can file a complaint online, and that anyone who sees federal enforcement actions anywhere in the state can report them through its federal action portal.