Sheriffs File Suit Against Gov. Hochul’s ‘Local Cops, Local Crimes Act’

WASHINGTON—Fifteen New York county sheriffs are plaintiffs in a lawsuit filed on Tuesday, August 25 that challenges the state’s forced termination of federal immigration partnerships, but Otsego County Sheriff Richard J. Devlin Jr. is not among them.

The lawsuit, filed in the U.S. District Court for the Northern District of New York by the Federation for American Immigration Reform, challenges the state’s “Local Cops, Local Crimes Act” and the newly created Office of Immigrant Trust. According to a press release, the sheriffs simultaneously filed an emergency motion seeking a temporary restraining order and preliminary injunction to stop the state from voiding existing 287(g) agreements on August 25, 2026, and from forcing the termination of federal housing agreements by November 25, 2026.

“The lawsuit argues that New York is tearing up valid contracts the sheriffs already signed with the federal government, coercing independent elected officials into a statewide policy of non-cooperation, and overriding the constitutional authority of the Office of Sheriff,” the press release reads.

Several of the plaintiff sheriffs maintain long-standing 287(g) agreements and federal housing contracts that let them identify and transfer criminal aliens already in their jails. Albany has now declared those agreements illegal, set hard deadlines to kill them and created a new investigative office to police any sheriff who refuses to comply.

“New York’s law does not merely decline to cooperate with immigration enforcement priorities. It actively dismantles existing, congressionally authorized partnerships that sheriffs lawfully entered to protect their communities,” said Dale L. Wilcox, executive director and general counsel of FAIR. “Independently elected sheriffs should not be forced by Albany to abandon tools that keep dangerous criminal aliens from walking back onto their streets. This lawsuit seeks to restore the status quo and vindicate the independence of the Office of Sheriff.”

“These sheriffs are not asking for new powers. They are asking to keep the agreements they already have,” said Mateo Forero, counsel for the plaintiffs. “The state has declared those contracts void, set a hard deadline of August 25, and stood up an investigative office to force compliance. That is a direct impairment of existing contractual rights and a clear intrusion on the independent authority the New York Constitution gives to elected sheriffs.”

Otsego County’s Sheriff Devlin told AllOtsego on Wednesday, August 26 that he supports the sheriffs who have filed suit to challenge what they see as the governor’s overreach.

“As sheriff, my duty has always been clear: protect the people of Otsego County and uphold the law,” Devlin said. “With the implementation of New York’s Local Cops, Local Crimes Act, the Otsego County Sheriff’s Office ended its participation in the federal 287(g) agreement with ICE, as required by state law. That mandate does not change our mission. 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 Otsego County, not to politics or any political agenda. I will enforce the law, protect our communities and always put public safety first,” Devlin said.

The case is “Bourgault et al. v. Hochul et al.,” No. 1:26-cv-01637 (N.D.N.Y.). Links to the federal lawsuit and emergency motion papers can be found on the Federation for American Immigration Reform website.637 (N.D.N.Y.). Click here to read the federal lawsuit and emergency motion papers.

This article was updated on 09/03/2026.