The county’s fight over its ICE jail agreement is in two courts. Here is where each case stands.

Since 2018 the Rensselaer County jail has operated under a 287(g) agreement with U.S. Immigration and Customs Enforcement, which deputizes corrections officers to check immigration status and hold people on ICE detainers. It is the only such agreement in the Capital Region, and it has been a flash point at county legislature meetings for years. This year the state moved to end it, and the fight is now in two courtrooms.

The federal case: sheriffs vs. the state

New York’s Local Cops, Local Crimes Act bars local police and sheriffs from entering or keeping 287(g) agreements. Fifteen sheriffs, Rensselaer County’s Kyle Bourgault among them, sued in federal court in Albany (Bourgault et al. v. Hochul) arguing the state cannot forbid cooperation with federal immigration enforcement. They asked U.S. District Judge Mae D’Agostino for a temporary restraining order and preliminary injunction. Briefing closed September 15. As of September 29, according to North Country Public Radio, the judge had not ruled. Whichever way she goes, an appeal to the Second Circuit is likely.

The state case: the Attorney General vs. the county

Separately, Attorney General Letitia James sued in state court to force Rensselaer County to terminate its agreement under the new law. Bourgault has called the suit “an intimidation thing.” That case is also pending.

The legislature waits

At its September 8 meeting the County Legislature heard residents urge the sheriff to drop the agreement voluntarily and took what WAMC described as a wait-and-see position, leaving the matter to the courts.

Why you will hear about it before November 3

The county executive’s lawsuit is a line in the Assembly 107 race on your ballot. Incumbent Scott Bendett supports it; challenger Chloe Pierce calls it a waste of taxpayer money. The Attorney General who brought the state case is herself on the ballot against Saritha Komatireddy, who has made cooperation with federal enforcement part of her platform. The voter guide has both races.

We will report the federal ruling when it comes.

Sources: the sheriffs’ September 15 filing notice distributed by FAIR via PR Newswire; North Country Public Radio’s September 29 report; WAMC’s coverage of the September 8 County Legislature meeting; the Times Union’s October 1 profile of the Assembly 107 race for the candidates’ positions.