CANTON -- A federal judge has upheld Governor Kathy Hochul's ban on 287(g) agreements between Immigrations and Customs Enforcement (ICE) after more than a dozen county sheriffs, including St. …
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CANTON -- A federal judge has upheld Governor Kathy Hochul's ban on 287(g) agreements between Immigrations and Customs Enforcement (ICE) after more than a dozen county sheriffs, including St. Lawrence County Sheriff Rick Engle, sued the state over the ban.
With pressure mounting this summer following a series of high-profile shootings that left multiple U.S. citizens dead, Hochul negotiated the "Local Cops, Local Crimes Act" into the state budget that was delivered 58 days late this year.
As part of the deal, agencies were told to end their agreements with ICE by Aug. 25, however more than a dozen did not take such action.
The lawsuit challenged the Local Cops, Local Crimes Act came months after the St. Lawrence County Legislature approved a 287(g) agreement between the Sheriff's Office and ICE despite strong public opposition.
More than 250 people attended the county's meeting on the agreement, with dozens speaking during more than seven hours of public comment. Legislators ultimately approved the agreement, saying it was a matter of public safety.
Fast forward to federal court this week where U.S. District Judge Mae D'Agostino ruled the sheriffs did not have the authority to sue the state over the ban, saying the current law "does not appear to allow for such a suit."
A request for a temporary injunction was also denied.
Though the lawsuit can technically proceed, attorneys involved in the case suggested they would have to review the 28 page decision before planning the next steps.
Engle signed onto the lawsuit shortly after it was announced and eventually filed on Aug. 25.
The County Legislature has not taken any formal action on the state's ban, although officials previously indicated the issue could come back before lawmakers.
That appears unlikely now with the federal court dealing a major blow to the lawsuit.
Engle said at the time that the agreement was focused on the county jail. He said it would give the Sheriff's Office access to federal databases and other resources and allow the county to more quickly turn people suspected of being in the country illegally over to ICE.
Despite what he said was a "limited scope of the jailhouse model," state lawmakers rolled all 287(g) agreements together, arguing sheriff's offices should be focused on local crime instead of federal initiatives.
Critics of Hochul argued immigration was a local crime issue, in particular along the board in St. Lawrence County, which saw a number of illegal migrants cross in recent years, according to federal authorities.
Engle said it would ensure a smooth transition from the county jail system to federal custody and would allow his staff to better control the number of inmates in the jail as well.
But with the recent ruling Bourgault v. Hochul is stuck in limbo and may not proceed forward.
County officials have not directly addressed the case in open session, nor has the board passed a resolution for or against the lawsuit.