As the mask ban on most law enforcement officers and other provisions related to immigrant detainment went into effect on June 26, the status of detainees held by U.S. Immigration and Customs Enforcement in Orange County Jail remains precarious.
On June 22, the U.S. Department of Justice sued New York over the state’s attempt to unmask federal officers while interacting with the public and to end cooperation agreements with local facilities to house detainees.
The lawsuit filed in U.S. District Court in the Western District of New York against New York Gov. Kathy Hochul, New York State Attorney General Letitia James and Michael Russo, assistant attorney general in charge of the Buffalo regional office, is directed at legislation passed on May 27 as part of the 2026 New York State budget bill, which restricts local police cooperation with ICE and forbids face coverings.
According to the Local Cops, Local Crimes Act in the new legislation now in effect, the Orange County Jail must end its contract with ICE to house detainees by Aug. 25. The act prohibits any new agreements under section 287(g) of the Immigration and Nationality Act and nulls any existing contracts for detention facilities for housing individuals in violation of civil provisions related to immigration status.
“Presently, the contract between Orange County and DHS, by which ICE detainees are being held in the Orange County Jail, remains in effect and has not been terminated,” a county spokesperson said in an email statement. “The contract will be subject to New York’s recent legislation that it will be void and not allow ICE detainees to be held at the Jail at the time provided in the legislation.”
Other ICE-related provisions in the FY27 Enacted Budget include enabling New Yorkers to sue federal government officials for violation of their constitutional rights and barring ICE from accessing non-public areas of state- or municipality-owned or operated facilities — including child care facilities, community centers, dormitories, health care facilities, hospitals, housing accommodations, libraries, parks, preschools, schools and shelters — without a judicial warrant.
What’s in the suit?
The DOJ filing said states have no authority in regulating the federal government’s operations, citing the Supremacy Clause in United States v. Washington. It called the provisions amending the New York Civil Rights Law of budget law — banning face coverings and requiring federal officers to wear identification — “unconstitutional” and a danger to officers.
“The people of New York are less safe as a direct result of these policies,” said an ICE spokesperson in a June email. “Partnerships with law enforcement are critical to having the resources we need to arrest criminal illegal aliens across the country. Seven of the top 10 safest cities in the United States cooperate with ICE. When politicians bar local law enforcement from working with ICE, our law enforcement officers have to have a more visible presence so that we can find and apprehend the criminals let out of jails and back into communities.”
New York countersues
James responded to the development with a lawsuit against DOJ in the U.S. District Court for the Northern District on the same day, seeking a declaration that the legislation is lawful. The filing asserted that as a sovereign state, New York was within its rights to require law enforcement officials in its jurisdiction to be identifiable and to opt out of employing its limited resources for federal immigration enforcement.
“Some masked officers have committed grave, violent acts against protesters and immigrants,” the suit stated, “including homicides and assaults so brutal that they have caused permanent harm. When agents commit such atrocities while wearing masks, it is more difficult to identify and investigate them, and ultimately to hold them accountable if warranted.”
What’s next for detainees at Orange County jail
“The Sheriff’s Office will continue to comply with all applicable federal, state, and local laws,” Orange County Sheriff’s Deputy Christie Meany said in a June 9 email. “Unless and until a court order, legal ruling, or other binding legal authority directs otherwise, the Sheriff’s Office will fulfill its legal obligations regarding the housing of individuals in its custody.”
The Times Herald-Record contacted Orange County Sheriff Paul Arteta’s office multiple times via email and phone for further information regarding how many ICE detainees are currently at the county jail in Goshen and what plans are in place to move them. Those details were not provided.
The Goshen jail has had an ICE contract since 2008 and held 171 detainees in 2017, reportedly with about $8 million in revenue for housing them.
According to detentionreports.com, citing ICE’s biweekly detention spreadsheet, the average daily population at the jail was 128 on April 2.
Contact reporter Vandana Saras at vsaras@usatodayco.com and @orangecountynyreporter on Instagram.
This article originally appeared on Times Herald-Record: DOJ, NY trade lawsuits over law enforcement mask ban, ICE restrictions
Reporting by Vandana Saras, Middletown Times Herald- Record / Times Herald-Record
USA TODAY Network via Reuters Connect
By Vandana Saras, Middletown Times Herald- Record | USA TODAY Network
