New State Law Renders 287(g) Agreements, Including Otsego County’s, Null and Void

By JOSHUA YOUNGQUIST
OTSEGO COUNTY

The Otsego County Sheriff’s Office has formally ended its collaboration agreement with U.S. Immigration and Customs Enforcement following the recent passage of New York’s Local Cops, Local Crimes Act. The state law, signed by Governor Kathy Hochul in May, prohibits local law enforcement agencies from entering into 287(g) agreements, which allow local officers to perform certain federal immigration enforcement functions. The Sheriff’s Office had entered into such an agreement last fall.

Under the now‑terminated agreement, designated correctional officers were authorized to act as immigration officers for the limited purpose of transferring individuals in county criminal custody who had active immigration warrants. With the new state law in effect, the Sheriff’s Office notified ICE that it would cease participation. The Attorney General’s Office previously sent letters to agencies with active agreements, directing them to end those partnerships in accordance with the law.

Sheriff Richard J. Devlin Jr. stated that his office would comply fully with the mandate and continue its broader mission of public safety and cooperation with law enforcement partners at all levels.

“As sheriff, my duty has always remained clear: protect the people of Otsego County and uphold the law,” Devlin told AllOtsego on Tuesday, August 18. “With the implementation of New York’s Local Cops, Local Crimes Act, our sheriff’s office will end its participation in the federal 287(g) agreement with ICE.

“That mandate will not change our mission,” Devlin said. “We will continue working with our law enforcement partners at every level to pursue criminals, protect victims and keep our communities safe. My oath is to the people of this county—not to politics or an agenda. I will enforce the law, protect our communities and always put public safety first.”

Devlin did not provide information regarding how many individuals may have been transferred under the agreement during its duration.

During the August 5 meeting of the Otsego County Board of Representatives, Chair Edwin Frazier Jr. confirmed that the Sheriff’s Office had issued formal notice to ICE ending the agreement. On Tuesday, August 18, Frazier verified that the agreement will officially end on August 25. The 287(g) partnership had been a point of significant public debate throughout its existence, prompting protests and strong reactions from community members and advocacy groups. It also became a central issue in the June Republican primary for county sheriff, where former deputy sheriff Michael Stalter campaigned in part on ending the agreement and defeated Devlin, his former boss. Both candidates will appear on the ballot in the upcoming general election.

Local advocacy organizations responded positively to the termination. Community members who opposed the agreement expressed relief that the state law provided a clear directive and that the county acted without resistance. Some residents had raised concerns about transparency, community trust and the appropriateness of local involvement in federal immigration enforcement.

With the agreement now dissolved, Otsego County joins other New York jurisdictions in aligning with the state’s prohibition on formal immigration enforcement partnerships. Informal cooperation between local agencies and federal authorities remains permissible under the law, but formal deputization through 287(g) agreements is no longer allowed.

Residents seeking additional information may refer to public statements issued by county officials or contact the Sheriff’s Office directly.