County executives and sheriffs across New York have been told to end agreements that allow local jails to hold people solely for federal civil immigration violations by November 25. The state attorney general's Office of Immigrant Trust sent the guidance on November 6 with Governor Kathy Hochul's office, setting out the requirements of the Local Cops, Local Crimes Act enacted earlier this year.
The law bars local governments and law-enforcement agencies from entering, renewing, extending or continuing a contract or other arrangement to provide jail space for civil immigration detention. Agencies with an existing agreement must use its termination process by the deadline. State officials say any prohibited agreement remaining after November 25 will be void and unenforceable under New York law.
The rule distinguishes civil immigration detention from a federal criminal case. A county may still contract to hold a person who faces a pending federal criminal charge, and local officials must comply with a judicial warrant or court order. The prohibition applies when detention rests solely on a civil immigration violation rather than a criminal accusation or judicial command.
Mixed agreements require narrower review. If one contract covers both criminal detainees and people held for civil immigration purposes, the local agency must remove or terminate the prohibited portion. That may require amendments, notices to the federal government and operational planning for anyone currently held under the civil provision. The state guidance asks officials to report the steps they have taken or confirm that they have no covered arrangement.
The Legislature passed the measure and the governor signed it on May 27. The statute's transition period was intended to give counties time to examine contracts and use their termination clauses. The November letter is therefore a compliance reminder rather than a new ban. Its practical importance is that the state has now identified a specific date and a reporting expectation for local officials.
Enforcement authority sits with the Office of Immigrant Trust. The office can receive complaints, investigate alleged violations, issue subpoenas and bring civil actions. Those powers mean compliance will not depend only on voluntary statements from counties. Contract documents, jail records and communications with federal agencies can provide evidence if the state questions whether an arrangement has actually ended.
The policy changes which government bears responsibility for civil immigration custody. Federal authorities retain their own powers, but New York is restricting the use of county facilities and local resources for that purpose. The law does not determine the outcome of an individual immigration case, create a release order or prevent federal officers from acting under federal authority.
Implementation will also require accurate classification. A jail must know whether a person is held under a criminal commitment, a judicial warrant or a civil immigration request, and staff must document any change in that authority. Ambiguous paperwork cannot be resolved by assuming every federal request is the same. Written procedures and legal review can reduce the risk of an unlawful hold after the deadline.
Residents seeking to understand a county's position should look for the underlying agreement, its termination notice and the date on which transfers or new admissions stop. Those records can show whether a public announcement matches operations. The immediate statewide milestone is November 25. After that date, the central question will shift from what contracts say to whether local jails have fully ended civil immigration detention on behalf of federal agencies.
Primary sources: New York Attorney General and Governor guidance. Reviewed November 7, 2026. Development: State guidance issued November 6, 2026.