New York Proposes Ending 287(g) Agreements with ICE

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New York Governor Kathy Hochul has proposed voiding the state's 14 current 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE) and prohibiting future agreements. The 287(g) program allows local law enforcement agencies to act as federal immigration agents, but critics argue that it damages public trust in local police. Hochul's proposal would expand on an existing executive order that directs state agencies not to use state resources for civil immigration enforcement unless required by law.

Why it matters

The 287(g) program has been controversial, with critics arguing that it erodes trust between immigrant communities and local law enforcement. Hochul's proposal to end these agreements in New York is part of a broader effort to limit the role of local police in federal immigration enforcement, which some see as overreach.

The details

Under the 287(g) program, local correction officers can interview individuals in custody about their immigration status, check databases for past deportations or warrants, and issue detainers requesting that ICE hold someone for up to 48 hours beyond their scheduled release. There are also programs that allow local patrol officers to join federal agents on immigration raids. Hochul's proposal would void the state's 14 current 287(g) agreements and prohibit future such agreements.

• In 2017, Governor Andrew Cuomo issued Executive Order 170, which directed state agencies not to ask about immigration status or use state resources for civil immigration enforcement unless required by law.
• Hochul's current proposal would codify and expand on Executive Order 170, enshrining those directives into law through June 2029.

What’s next

The proposed legislation to void New York's 287(g) agreements and ban future such agreements will need to be approved by the state legislature.