State Senators Warn New York's Celebrated ICE Ban Has a Loophole Still Costing Immigrants Their Freedom

New York legislators say a loophole in federal funding is undermining the state's widely praised new ban on local police cooperation with ICE, warning that county sheriffs are still detaining immigrants for handover to US Border Patrol despite the law taking effect on Tuesday.

While the Local Cops Local Crimes Act formally blocks local agencies from working with Immigration and Customs Enforcement, lawmakers argue that a separate federal grant programme is paying some forces to continue civil immigration enforcement through a different channel.

A Sharp Divide in Civil Immigration Enforcement

The discrepancy exposes a divide in civil immigration enforcement. Even as state officials issue subpoenas to compel non‑compliant jurisdictions to follow the ICE ban, federal grants continue rewarding other local forces for facilitating deportations.

Governor Kathy Hochul signed the legislation in May, barring local government agencies from maintaining agreements with federal immigration authorities. Eleven counties agreed to terminate their arrangements by the Tuesday deadline, leaving holdouts like Rensselaer and Nassau weighing their legal options.

Hochul addressed the new mandate in Albany, declaring that 'local police will assist ICE only if a real crime has been committed'. She said that federal agents are now on their own regarding civil immigration matters.

The rollout has been tested by Nassau County Executive Bruce Blakeman, who previously allowed officers to be deputised by federal agents while using local jails as paid holding facilities. The state Attorney General recently issued subpoenas to the Nassau County police and sheriff to enforce compliance.

Outside the Mineola police headquarters on Tuesday afternoon, immigration advocates gathered to protest the jurisdiction's continued cooperation agreements. Natalia Aristizabal of Make the Road New York told the crowd that 'implementation is where policies can go to die' and pledged continued resistance.

An ICE Ban Loophole Sustained by Federal Grants

While Nassau challenges the state openly, a lesser‑known alternative continues upstate through Operation Stonegarden.

The federal initiative distributes financial grants for local law enforcement to assist border security.

Since its inception, the programme has channelled roughly £25 million ($30 million) to New York border counties. Departmental records show deputies turning over at least 24 immigrants to Border Patrol since early last year.

State Senator Rachel May described the federal operation as a potential end‑run around the protections the state has just enacted. This concern played out in Watertown last December.

A Jefferson County sheriff's deputy stopped a 52‑year‑old Brazilian construction worker, identified only as Martins, over a cracked windshield and an alleged daytime headlight violation. The driver later maintained that he did not need his headlights on during midday.

Rather than issuing a standard traffic citation, the deputy summoned a Border Patrol agent. For that single shift, the federal government paid the county just over £666 ($800).

Martins spent two months in a county jail before his family secured a £41,600 ($50,000) bond. He now works 12‑hour shifts at a Maryland construction site to repay the financial debt.

The Future of the Celebrated ICE Ban

State Senator Andrew Gounardes is pushing for stricter guardrails, questioning why local police are still funded to act on immigration suspicions. Meanwhile, the governor recently highlighted a £2.25 million ($2.7 million) Operation Stonegarden award as a counterterrorism measure.

A spokesperson said the administration will never weaponise local police against their communities. For immigrants pulled over for broken glass and then handed to federal agents, however, the distinction between ICE and Border Patrol does not change the outcome.