New York Tells Sheriffs to End ICE Jail Contracts by Nov. 25; State Letter Says Deals Left in Place After That Are Void

New York's attorney general has told sheriffs and county leaders that any agreement to house or detain people for federal civil immigration violations must be ended by Nov. 25, 2026. After that date, the state says, such agreements are "void, and unenforceable." The Digital Free Press reviewed the two-page letter, dated Nov. 6, and federal detention data showing which county jails held ICE detainees in fiscal 2026.

What the Letter Says

The letter comes from Lillian Marquez, bureau chief of the Office of Immigrant Trust in Attorney General Letitia James's office. It summarizes the Local Cops, Local Crimes Act, which Gov. Kathy Hochul signed on May 27, 2026, and which added Section 170-k to the state's Executive Law.

According to the letter, the law bars local governments, police agencies, jails and juvenile facilities from "entering into, modifying, renewing, remaining in, or extending" any "contract, intergovernmental service agreement, or any other formal or informal agreement to house or detain individuals for federal civil immigration violations," including agreements under two federal statutes, 8 U.S.C. 1103(a) and 1231(g).

Agencies with such agreements must "exercise any applicable termination provision" within three months of the law's effective date, which the letter puts at Nov. 25. Where a contract covers both criminal and civil detention, the letter says, the agency must end "that portion" that allows detention for civil immigration violations.

The letter notes two limits. The law still allows jails to hold people "subject to pending federal criminal charges" for federal agencies, as long as no agreement provides space "solely for federal civil immigration violations." And it does not bar compliance with "any state or federal court order or judicial warrant."

The letter asks counties to tell the office voluntarily what steps they have taken, or to confirm they have no such agreement.

Which ICE Jail Contracts Are Affected

ICE's fiscal 2026 detention statistics, in the most recent version on its website, dated July 20, 2026, list three New York county jails among the facilities that held ICE detainees in the fiscal year to that point. The Orange County Jail in Goshen is listed as an "IGSA," an intergovernmental service agreement directly with ICE, with an average daily population of about 154 ICE detainees. The Nassau County Correctional Center in East Meadow, with about 9, and the Montgomery County Jail in Fonda, with about 3, are listed as "USMS IGA," meaning ICE uses an existing U.S. Marshals Service agreement.

The same spreadsheet splits Orange County's average into about 76 men in its "Male Crim" column and about 77 in "Male Non-Crim." TDFP could not confirm from public records whether any of the three arrangements has already ended.

Enforcement and Pushback

The governor's office said the Office of Immigrant Trust can receive complaints, investigate, issue subpoenas and bring civil actions. "Allowing ICE to utilize our local jails for civil immigration detention does not make New York safer," Hochul said. James said, "Local officials should not be doing the work of federal immigration authorities."

The law faces a court challenge. In August, Nassau County Executive Bruce Blakeman said the county had ended its separate 287(g) agreement with ICE to comply with the law, and that he was directing the acting sheriff to join a lawsuit filed by sheriffs seeking to overturn it, ABC7 New York reported.

Sources: New York Attorney General, Office of Immigrant Trust, "Guidance on Immigration Detention Contracts," letter to sheriffs and county leaders, Nov. 6, 2026 (https://ag.ny.gov/sites/default/files/letters/guidance-on-immigration-detention-contracts-letter-2026.pdf); Office of Gov. Kathy Hochul news release, Nov. 6, 2026 (https://www.governor.ny.gov/news/governor-hochul-and-attorney-general-james-notify-local-officials-obligation-end-immigration); U.S. Immigration and Customs Enforcement, FY2026 Detention Statistics, Facilities FY26 tab, July 20, 2026 (https://www.ice.gov/doclib/detention/FY26_detentionStats07202026.xlsx); ABC7 New York, Aug. 26, 2026 (https://abc7ny.com/post/bruce-blakeman-ends-nassau-countys-ice-partnership-amid-new-state-law/19740414/). Cover photo: New York State Capitol, by A.S., via Wikimedia Commons (CC0).