As New York state and the Rensselaer County Sheriff's Office brace for a series of court battles over the sheriff's cooperation agreement with U.S. Immigration and Customs Enforcement, the County Legislature has a new strategy: Hope for the best.
Since New York Governor Kathy Hochul signed a law in May banning local police departments from having 287(g) agreements with ICE, the Rensselaer County Legislature hasn't considered a single item related to the county sheriff's 287(g) cooperation agreement with ICE.
Democratic County Legislator Ken Zalewski says that's unlikely to change.
"The only thing that potentially the legislature could do was would be to pass a resolution asking the county executive to follow the law and not expend taxpayer dollars on a lawsuit that we will probably lose," Zalewski said. "Some people have mentioned it. I don't think it's anything's going to move forward. I think everyone's just going to let it play out in a court of law and see what happens."
Zalewski's comments come about a week after 95 people went to the County Legislature's monthly public forum last week, setting an attendance record.
Many of those in attendance called on Rensselaer County Sheriff Kyle Bourgault to end his 287(g) agreement with ICE. County Executive Steve McLaughlin, a Republican, gave a speech defending the agreement.
A resolution calling on the county executive to end the agreement would be non-binding. For it to pass, every Democrat and at least two members of the legislature's Republicans caucus would need to support it.
Rensselaer County is one of 15 sheriff's offices suing New York State in federal court to overturn the ban on 287(g) agreements. The plaintiffs say New York's ban is unconstitutional because it interferes with their local decision-making and forces them to cancel a federal contract.
"This isn't just about 287(g). This is about tools being taken away from law enforcement to safely protect the people they are closest to," Bourgault, one of the plaintiffs in the suit, said in August after announcing the lawsuit. "I was elected by the people of Rensselaer County to serve as their sheriff and to make the difficult decisions on how we keep this county safe, and that is why I will continue to advocate for the independence of the office of sheriff."
New York State has since sued Rensselaer County and is asking a state judge to terminate the county's 287(g) agreement.
“The Rensselaer County Sheriff’s Office has been given every opportunity to follow the law, yet has chosen not to," New York State Attorney Letitia James said in a statement. "My office is suing to enforce New York’s laws and ensure that local law enforcement agencies remain focused on their most fundamental responsibility: keeping New Yorkers safe.”
