The New York Attorney General’s Office has subpoenaed the Nassau County Police Department and Nassau County Sheriff’s Office as a new state law banning certain local law enforcement agreements with U.S. Immigration and Customs Enforcement took effect Tuesday.
The subpoenas were issued by Attorney General Letitia James’ Office of Immigrant Trust to five law enforcement agencies across the state, including both Nassau County agencies. The Attorney General’s Office said the subpoenas went to agencies that either did not confirm plans to end their 287(g) agreements with ICE or provided responses the state considered unsatisfactory.
The subpoenas represent an escalation in a dispute that has been developing for more than a month.
James and Gov. Kathy Hochul announced in July that 12 New York law enforcement agencies with existing 287(g) agreements had been notified that the new Local Cops, Local Crimes Act required those agreements to be terminated by Aug. 25.
The Nassau County Police Department and Nassau County Sheriff’s Office were among the agencies notified.
Under 287(g), local officers or employees can be authorized to assist with federal civil immigration enforcement or perform certain functions of federal immigration officers.
The new state law prohibits local governments and law enforcement agencies from participating in those agreements or similar arrangements involving local resources for federal civil immigration enforcement.
On Aug. 14, Hochul and James specifically singled out the two Nassau agencies, saying they were among seven remaining agencies that had not yet formally unwound their agreements and had 11 days remaining before the state deadline.
The Attorney General’s Office issued the subpoenas on Aug. 25, the day the termination requirement took effect.
According to the Attorney General’s Office, the Office of Immigrant Trust has authority to investigate potential violations of the state’s immigration-related laws, issue subpoenas, interview witnesses, review records and bring civil actions when warranted.
The Nassau subpoenas come as the state also faces a legal challenge to the law. Fifteen county sheriffs filed a lawsuit challenging the ban on 287(g) agreements, prompting James and Hochul to issue a statement Tuesday defending the law and saying they expected law enforcement agencies statewide to comply.
The Attorney General’s Office has not announced a civil lawsuit against either Nassau agency as of Wednesday morning.
