Home/ New York — ICE detention explosion, 287(g) proliferation, statewide fight
Research Note Researched

New York — ICE detention explosion, 287(g) proliferation, statewide fight

NY

New York has undergone one of the most dramatic transformations in ICE enforcement infrastructure in the country. From a single federal detention facility and two county jails holding ICE detainees, the state has expanded to 12 law enforcement agencies with 287(g) agreements across 9 counties, with county jails booking nearly 2,800 detainees in just the first 7 months of 2025 (vs. 500 in all of 2024).

The 287(g) Explosion

Before 2025, New York had one 287(g) agreement (Rensselaer County, Capital Region). By February 2026, there are twelve active agreements in nine counties.

Warrant Service Officer Model (jail-based)

  • Madison County (July 2025)
  • Broome County
  • Nassau County
  • Niagara County
  • Otsego County
  • Steuben County

Task Force Model (street-level enforcement)

  • Nassau County (also has WSO)
  • Niagara County (also has WSO)
  • Steuben County (also has WSO)
  • Cattaraugus County
  • Allegany Village Police
  • Camden Police Department (Oneida County — signed July 2025 after ICE took local restaurant owner)
  • Wayland Police Department (Steuben County)

County Jail IGSA Explosion

Seven jails booked ~2,800 people in first 7 months of 2025 (6x increase from 500 in all of 2024):

CountyJoinedRate/dayNotes
OrangePre-2025Unknown324 booked in 2024; $78M annual jail costs
ClintonPre-2025UnknownLong-standing
AlleganyFeb 2025$95New
BroomeFeb 2025UnknownNew
MontgomeryFeb 2025UnknownNew
NassauFeb 2025$19550 designated cells
NiagaraMay 2025$148Sheriff later restricted policy

ICE Arrests: County-Level Data (2024 vs Jan-Oct 2025)

County20242025 (thru Oct)Change
Erie59620+951%
Monroe6224+3,633%
Albany20190+850%
Onondaga56161+188%
Cattaraugus010new

NYC Area: Mass Enforcement

  • First 8 weeks of 2026: 1,200+ arrested in NYC AOR (vs 462 in Q1 2025)
  • Only 16% deportation rate in 2026 (vs 74% in 2025) — arrests up, deportations down
  • 76% of arrests involve people with no criminal history (“collateral” arrests)
  • 800 “collateral” arrests documented Aug 2025-Mar 2026 (THE CITY investigation)
  • 26 Federal Plaza class action: Bench trial held May 27, 2026 (Barco-Mercado v. Noem). Judge Kaplan raised the possibility of barring ICE from using the holding cells entirely; internal ICE messages called conditions “insane.” No final ruling as of May 28
  • NYC courthouse arrest ban: On May 19, 2026, Judge P. Kevin Castel barred ICE from making non-criminal arrests inside the three Manhattan immigration courts (26 Federal Plaza, 290 Broadway, 201 Varick), reversing his own 2025 order after DOJ admitted ICE lacked courthouse-enforcement authority. Arrests now limited to enumerated public-safety/violence/evidence-destruction circumstances
  • Nassau 287(g) suit: Nassau County Supreme Court ruled FOR the county (May 2026), upholding the agreement; NYCLU appealed May 26, 2026 (now likely mooted by the statewide budget ban)
  • ICE racial profiling lawsuit: Filed April 9, 2026 (THE CITY reporting)
  • Courthouse arrests: DOJ admitted ICE used erroneous information to justify courthouse arrests (March 2026)

Legislative Response

ENACTED: FY27 State Budget 287(g) Ban (signed May 27, 2026)

The core of Hochul’s Local Cops, Local Crimes Act passed in the FY27 state budget ($268.5B), signed May 27, 2026 (final legislative passage May 28). The enacted package:

  • Bans 287(g) contracts AND informal agreements that are functionally equivalent (though some informal collaboration is still permitted)
  • Sensitive-location protections: ICE cannot enter hospitals, schools, churches, childcare facilities, parks, playgrounds, or polling places without a judicial warrant; state/local non-law-enforcement employees barred from aiding civil immigration enforcement
  • ICE mask ban: agents must show their faces
  • Private right to sue ICE/federal agents for constitutional violations, retroactive to January 2025; state AG empowered to receive and investigate complaints
  • Falls short of NY4All because it does not bar all informal cooperation

Governor Hochul’s Local Cops, Local Crimes Act (January 2026) — original proposal

  • Would void all 14 current 287(g) agreements
  • Bar local jails and police from aiding civil immigration enforcement
  • Temporary: protections expire after 3 years (July 2029)
  • Does NOT prohibit informal cooperation (intelligence sharing, tip calls)

NY4All Act (advocacy coalition proposal)

  • More comprehensive: blocks both formal and informal ICE cooperation
  • Prevents use of state/local resources for federal immigration enforcement
  • Protects access to essential services regardless of status
  • No expiration date
  • Supported by NYCLU, NYIC, Make the Road NY

Opposing bill: Assembly Bill A5467 (February 2025)

  • Would create state process for local agencies to join 287(g)
  • Up to 10 officers per agency could be deputized

Private Prisons Banned

Private detention centers are illegal in New York state. This forces ICE to rely on:

  1. Federal facilities (Batavia — over capacity)
  2. County jails (IGSA agreements — expanding rapidly)
  3. Warehouse conversions (Chester proposal — community killed it)

This is why the county jail IGSA pipeline is so important in NY: it’s ICE’s only viable expansion mechanism absent warehouse conversions.

NYC Resistance Infrastructure

  • Mayor Zohran Mamdani (elected 2025) instructed city agencies and NYPD to uphold sanctuary laws
  • Community “care walks” — early morning patrols creating safety corridors
  • Student/faculty protests (Columbia, April 2026)
  • Passover anti-ICE rally in Union Square led to Palantir sit-in (15 arrested)

Sources

Edit this entry Report an issue
Last updated: Jul 3, 2026