
With much fanfare Governor Hochul announced on January 30th a proposed law to “ensure that New York law enforcement is focused on keeping New Yorkers safe – not doing the job of ICE”. The list of supporting statements from district attorneys, police chiefs, and county sheriffs should have been a tip-off: it’s a publicity stunt with little effect on ICE operations in New York State. Even worse, it fits a longstanding Hochul pattern of support for racialized mass policing, the rollback of popular justice reforms, and ever more surveillance by law enforcement on all state residents, documented and undocumented. Hochul and the legislative leadership refuse to endorse legislative proposal that might substantially stop ICE operations and detentions, most notably the widely supported New York for All and Dignity Not Detention bills.
Don’t Believe the Hype
What Hochul’s order does propose is to stop local governments from signing 287g cooperation agreements with ICE. Yet 287g represents but a sliver of the large number of agreements and the vast integration of New York law enforcement agencies with ICE. Currently 287g agreements exist in 9 of the state’s 62 counties, signed by 14 of the 528 law enforcement agencies in the state. Of the 14, only 6 are Task Force agreements that authorize and train local officers to act as ICE agents. One is a Jail Model to house ICE detainees. Others authorize local officers to serve warrants to people in local jails.
Terminating these agreements is a good step. But this hardly impacts the widespread support local and state agencies provide to ICE through the everyday working of the mass policing and mass incarceration system built up over the last three decades under Republicans and Democrats alike. As a Sheriff of in western NY with a 287g contract responded when asked how Hochul’s proposal would change his operations, he simply said “it wouldn’t”.
Broome County Model?

Consider my county, Broome Count, which regularly has the distinction of having the highest incarceration rate of all NYS counties and has housed in the last year hundreds of detainees for ICE. In March 2025 Sheriff Frederick Akshar signed a 287g Warrant Model contract. Yet this had little to do with caging ICE detainees. As the Sheriff tells all who will listen, his 287g agreement has not authorized or trained his officers to carry out ICE captures or even house ICE detainees—it only authorizes his officers to serve warrants to persons in the jail. Indeed the incarceration of ICE detainees is not new, but has long taken place under a 2002 contract the County signed, like many other counties, with the U.S. Mashall Service to incarcerate persons for the federal government. The current number of persons held for the federal government is spectacular. In past years there have been 5 or 6 people in the jail on federal charges on any given day. This number is now running close to 80 daily, a surge composed of ICE detainees often held for only a few days. We don’t actually know the numbers much less the names of ICE detainees, they like so much of ICE and jail operations aren’t revealed.
Will Hochul’s proposal change what happens in the jail and county? The answer lies in the shifting, slippery legal language promulgated by Homeland Security and ICE. Hochul’s proposal outlaws holding persons on civil charges, but continues to allow the incarceration of persons held on criminal charges. Almost all commentators have assumed this prevents incarcerating the vast majority of ICE detainees. We know very few have been convicted of any serious crime, and overstaying your visa results only in a civil charge. But what of other cases? What constitute a criminal charge?
Take the case of a local farmworker I’ll call Juan whom I visited in the Broome County Jail in response to a letter pleading for assistance. Speaking over the plexiglass visitation room barrier, Juan quietly told us he had been held for months with no family contact (and no staff who knew his language). He was held on criminal charges solely for crossing the border a second time to return to his ill wife and thankful employer. He ended up being convicted in a federal court on criminal charges and being sent to a federal prison, leaving his children—US citizens, if that matters—visibly distraught and materially impoverished. Others watched his passage grimly.
Or take the case of uber driver Guan Heng whose detention in the Broome County Jail generated international media attention due to Guan’s flight from China for posting videos and locations of Chinese detention camps. Guan got picked up when ICE raided his house seeking persons on criminal charges. He had entered the US by small boat without permission and later applied for asylum. As the American Immigration Council pointed out five years ago, “those who enter or reenter the United States without permission, however, can face criminal charges.” What does one think ICE and local sheriffs who support ICE will do? Under Hochul’s proposal ICE can simply lay down federal criminal charges for more people like Guan and Sheriffs will legally hold them.
“Illegal Entry”/8 U.S.C. § 1325 makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry, such as those who enter between ports of entry, avoid examination or inspection, or who make false statements while entering or attempting to enter. A first offense is a misdemeanor punishable by a fine, up to six months in prison, or both. American Immigration Council, 2021
This should have been expected. The criminalization of migrants and undocumented residents based on stereotypes and minor misdemeanor offenses has been been a central part of the racialized mass incarceration era. Federal immigration prosecutors had long ago entrenched this process by replacing civil with criminal charges for entry and reentry offenses. By 2016 over half of all federal prosecutions were for immigration offenses. Over forty percent of convicted federal offenders were non-citizens, with 90 percent sentenced for “unlawful entering or remaining in the United States.”
Moving forward it is hard to chart out what would happen if court hearings were held for every person with pending criminal charges for unlawful entry. Certainly sending cases through Federal courts isn’t practical at the moment. As one public defender in a federal court told me, ‘if prosecutors start taking immigration violations to court we would overwhelm and close down the system’. Given the new $ billions for ICE just appropriated by Congress its possible to envision an expanded authoritarian court system. Easier for prosecutors and ICE would be to revoke Temporeary Protested Status and Deferred Enforced Departure status and criminalize by fiat those lawfully resident. Faced with this prospect, as we have seen in the Broome County jail, many persons faced with interminable, isolated incarceration will resort to escape by self-deportation.
Local residents might press for an end of coopeation with ICE for financial as well as moral reasons: it’s costly. The federal government reimburses Sheriffs $110/day per person. Yet the cost per day for a person in the Broome jail is $264 (2025 budget/average daily population). Close the jail’s ICE pod, reduce the jail’s official capacity, and you eliminate $ 3 million in county spending. Stop the 287g contracts and nothing is changed. But stop incarceration agreements for those charged with federal crimes? County jails would be blocked from acting as ICE detention centers. But Hochul isn’t proposing that.
Beyond 287g
287g and even housing of detainees is however but the tip of the iceberg of state and local support for ICE’s deportation drive. For hidden beneath the surface are insidious law enforcement processes to identify, capture and incarcerate undocumented persons. These take at least three, overlapping, local law enforcement operations: custodial transfers, street level stops, and surveillance and data collaboration with Federal agencies.
Getting from Jail and Prison to ICE
Custodial transfers are the easiest to grasp. A few counties like Broome, headed by a longstanding Trump supporter, directly work with ICE to incarcerate and turn over undocumented persons. When faced with disruptive protest, the Broome County Sheriff quite openly says this is his duty.
Sheriff Frederick Akshar: “This is where I am today. If tomorrow, ICE said ‘we need your assistance’ in some effort, I would help them… I do want to be abundantly clear though, that if any one of our federal partners, regardless of what letter the agency starts with, asks me for help today, tomorrow, a week from now, the answer would be yes.” WSKG, March 28, 2025 “Broome County Jail opts into federal immigration enforcement program”
For most counties standard procedures simply facilitate ICE identification of undocumented persons leading to deportations. It’s straightforward: arrest someone for the lowest level misdemeanor, and their fingerprints and arrest record are forwarded to other local and federal agencies, including ICE. ICE then turns to county sheriffs to take hold of undocumented people as they are scheduled to be released. Some counties do refuse to hold people after they have served their sentences. But almost all do turn over to ICE undocumented persons at the end of their sentence. These are very large numbers, a significant proportion of those detained and deported. Even in Minnesota, touted as center of resistance to cooperation with ICE, thirty percent of those detained by ICE last year were turned over by local jails and prisons. Half of national ICE arrests were custodial transfers.
Stop and Frisk and Deport

Transfers from local jails and prisons are supplemented by a second area of police work: street and car level surveillance and stops. Persons in cars are especially vulnerable given that persons in cars, unlike homes, have very little protection from unreasonable searches. Everyday traffic violations, such as speeding or broken tail lights, often trigger identification checks of the driver and then passengers, resulting in fingerprinting or database queries (NCIC) that reveal immigration status. Automated networks of license plate readers that scan all cars passing on major and now minor roads are another source. Details as isolated as bumper stickers are now able to be identified and tracked across cities and towns. Capture a car license plate registered to someone who has lost previously legal, temporary protected or asylum status, and that potentially flows automatically across law enforcement networks.
It’s a rapidly expanding system. Binghamton first introduced license plate readers in 2017 at entrances to the city and updated the system in 2023 with more advanced cameras made in Vietnam by Flock (see the deflock campaign here). Since then the state has promoted significant growth and integration of surveillance. In 2022 Governor Hochul stood in front of 800 law enforcement leaders and announced a $20 million program for new police surveillance technology. By the time the awards were made in 2024 the amount had ballooned to $127 million and 400 police agencies got whatever they had applied for including those in the Southern Tier. The Broome County Sheriff applied and was given $834,118, the City of Binghamton Police Department $468,668, the Johnson City Police Department $136,100, Endicott Police Department $770,000, and the Vestal Police Department $211,700 (the applications and related details obtained by FOIL may be found here).
Centralizing Surveillance Policing and Deportation

New technology and the integration of surveillance networks promise to radically advance data collaboration–and nullify municipal and county efforts to constrain ICE. Scans of over a million cars a week in Westchester County, where sanctuary laws are on the books, unwittingly permitted ICE to obtain information on individual migrants and their movements. New York State’s own License Plate Reader Model Policy—developed in association with police chiefs, sheriffs, and the state police—bluntly says “LPR data and search results may be disseminated to any law enforcement agency or official”. This past month Broome County legislators voted unanimously to approve the Sheriffs new $644,484 license plate reader contract with Motorola. When asked what he did with the data, the Sheriff told legislators that all information could be accessed by any law enforcement agency. The City of Binghamton Police Department remains equally explicit in section 413 on immigration in its policy manual, prohibiting any attempt to prohibit data sharing with any federal, state, or local government agency.

License plate data is but a small fracton of the arrest, stop metrics, investigative, biometric, geographic, and intelligence data police departments and sheriffs collect on individuals. This and much more finds its coherence and distribution in New York State’s 10 regional intelligence centers, aka “crime analysis centers,” created with tens of $ millions of state funding.

Broome County’s regional intelligence center is housed on the ground floor of the Binghamton Police Department and has a board of directors including representatives of the State Police, the Broome County Sheriff, and police chiefs from the City of Binghamton and the State University of New York at Binghamton.
Massive, bipartisan increases to the ICE budget from $8 to $10 billion, and $170 billion for anti-immigrant agencies overall, have linked these networks across state boundaries and introduced a leap forward in technology. Recent ICE contracts to tech giant Palantir seek use AI to merge facial, social media, and law enforcement data to track individuals for deportation. Contracts with other firms, including Paragon, an Israeli technology company, seek to take remote control of cellphone location, messaging data, and calls. And all promise to draw on and integrate state and local data.
Hochul and the Justice Retreat

While Governor Hochul speaks of opposition to ICE her new state budget speaks to realities: it beefs up yet again funding for crime analysis centers and policing, while turning back a package of justice reform laws passed in the wake of a nationwide outcry over correctional officers’ brutal beating to death of Robert Brooks and Messiah Nantwi, two shackled, incarcerated men. Hochul’s rejection of measures to increase oversight of prisons and especially jails was particularly dismaying.
These actions followed a pattern however: the Governor has in recent years rolled back bail reform three times, rejected parole reforms, and weakened controls on solitary confinement. State lawmakers and reform activists who had worked long and hard to pass reform bills were outraged and publicly denounced the reversals. Noting Hochul’s call for the resignation of U.S. Department of Homeland Security Secretary Kristi Noem following the fatal ICE shootings in Minneapolis, a new campaign has started demanding she fire her man who oversaw the killings in NYS prisons, Daniel Martuscello III, the Commissioner of the State Department of Corrections and Community Supervision.

The Governor knows that the residents of New York State are overwhelmingly and fiercely opposed to ICE operations. Her latest publicity drive should not cover up her continual support for mass policing and incarceration that have been so central to the expanding power of ICE.













Recent overcrowding in the jail due in large part to an expanding influx of ICE and Federal detainees has put yet further pressure on medical care. As 




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yet another report of an unnecessary death in the BC jail due to medical maltreatment, in a story laying out the malfeasance of the jail’s private medical provider that pursues profit at the cost of death. This time 






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