Greene County lawmakers unanimously passed a resolution on Sept. 16 supporting a lawsuit by 15 New York sheriffs challenging a state law that bars local agencies from entering into agreements to carry out federal civil immigration enforcement.

Greene County Sheriff Pete Kusminsky isn’t a party to the lawsuit, and his office doesn’t have such an agreement. He said sheriffs should be able to decide whether to participate.

“Sheriffs are elected by the people,” Kusminsky said in a statement last week. “We take an oath to uphold the Constitution and the laws of this State and Nation. We should be trusted to make informed decisions about public safety based upon the circumstances, needs, and challenges facing our individual communities.”

The Local Cops, Local Crimes Act, signed into law in May, took effect Aug. 25. It prohibits local agencies from entering into 287(g) agreements and similar arrangements to carry out federal civil immigration enforcement. It doesn’t prevent police from working with U.S. Immigration and Customs Enforcement on criminal cases.

Under 287(g) agreements, state and local officers can perform specified immigration enforcement duties, including checking individuals’ immigration status and serving civil immigration warrants, under ICE’s direction and oversight.

Fifteen county sheriffs, including Delaware County Sheriff Craig DuMond, sued Gov. Kathy Hochul and Attorney General Letitia James on Aug. 25. They said the state law is unconstitutional and restricts their authority to protect public safety. The suit contends that federal law allows local cooperation with immigration authorities and that state leaders can’t prohibit the sheriffs from entering into those agreements.

Hochul and James have defended the law as essential to protecting immigrant communities. In an August press release, Hochul’s office said 287(g) agreements erode trust between immigrant communities and local institutions, making residents less likely to report crimes, seek help, or cooperate with law enforcement.

The sheriffs are represented by the Federation for American Immigration Reform, an anti-immigration nonprofit. The Southern Poverty Law Center, a nonprofit legal advocacy organization, classifies the federation as a hate group, citing ties between its leaders and white supremacist groups.

Kusminsky said the decision to enter into an agreement should rest with local law enforcement.

“If an elected Sheriff determines that entering into a lawful agreement with a federal agency would improve public safety, enhance communication, provide additional resources, or better protect the people of that county, the state should not be able to simply take that authority away through a blanket prohibition without a legitimate legal basis,” he said.

The Legislature’s two Democrats, Harry Lennon of Cairo and Daryl Legg, who represents Hunter, Lexington, and Halcott, joined Republicans in supporting the resolution.

“I really don’t agree with a lot of the things that go on with immigration on the federal level,” Legg said. “If the sheriff thinks that he needs to participate with the federal government to protect my constituents or our constituents in the county that we live in, I would have to go with his advice.”

Jim Thorington, a Republican representing Ashland, Jewett, Prattsville, and Windham, said Kusminsky should be able to enter into an agreement with ICE if he considered it necessary.

ICE has carried out immigration enforcement on the Greene County mountaintop. In April, armed agents detained a longtime contractor who lived in Haines Falls near a Sunoco gas station on state Route 23A in Tannersville. Agents also detained an unidentified man in Windham.

Legg said he was familiar with the contractor, calling him “a good part of the community.” He stood by his support for Kusminsky, citing the value of cooperation between agencies.

“Communication is how things go the best anyway,” he said. “You should be able to communicate and get along if you need to help out. If you have to provide help, you should be able to provide help.”

Thorington said he knew about the detentions but hadn’t heard of other ICE activity on the mountaintop.

“They have people they’re looking for distinctly. They know where they are when they come to get them, by the sounds of it,” he said. “It didn’t sound like anything bad happened. They found them, they put them into custody, and they took them away.”

The resolution isn’t Greene County’s first disagreement with Hochul over immigration policy. In 2023, lawmakers released a statement condemning an executive order she signed expanding state support for asylum seekers arriving in New York. They said the county’s rural communities were unequipped for an influx of new arrivals.

Neighboring Ulster County has restricted county participation in federal civil immigration enforcement.

The county bars employees and officers from asking about a person’s immigration status to determine eligibility for a program, benefit, or service unless federal law requires it, County Executive Jen Metzger’s office said this week.

Under county policy, according to Metzger’s office, federal authorities must present a judicial warrant to gain access to nonpublic areas of county facilities or individuals in county custody. Administrative warrants issued by immigration agencies don’t satisfy that requirement.

The Ulster County Sheriff’s Office also prohibits personnel from stopping, questioning, interrogating, investigating, or arresting someone based solely on immigration or citizenship status, a civil administrative warrant, or an immigration detainer.

“Ulster County and our country were built by immigrants, and immigrants continue to contribute importantly to our culture, civic life, and economy,” Metzger, a Democrat, said in a statement. “Many are essential workers, small business owners, parents of our children’s friends and classmates, and longtime residents who pay taxes and volunteer their time to the community and to local causes.”

The Ulster County Legislature isn’t considering a resolution like Greene County’s, said its chair, Peter Criswell, a Kingston Democrat.

“We’re very clear that we don’t want to do anything to obstruct federal authority, but we’re also very clear about what our lines are on the county level,” he said.

Connor Greco is a staff reporter for The Overlook covering Windham, Hunter, and surrounding Greene County communities. Send correspondence to connor@theoverlooknews.com.