NYCLU sues Nassau County over partnership with ICE

The Nassau County Police Department's partnership with the U.S. Immigration and Customs Enforcement agency, allowing detectives to arrest and help deport immigrants without legal status, violates state law and will lead to racial profiling, according to a lawsuit filed Tuesday by the New York Civil Liberties Union.

In March, Nassau officially became the second county in New York after Rensselaer, east of Albany, to forge an agreement with ICE under its so-called 287(g) Program, where the agency deputizes local police to carry out immigration enforcement actions. Two other New York counties — Broome and Niagara — have since joined the program.

ICE announced it would authorize 10 Nassau detectives to arrest and jail immigrants with no legal status, according to County Executive Blakeman, an ally of President Donald Trump and a supporter of his mass deportation plan.

But the 31-page lawsuit, filed in Nassau County Supreme Court, contends the agreement is "is breathtakingly broad," allowing officers to "stop, question, and arrest Nassau County residents — anywhere in the community — based solely on the officer’s 'belief' that they may be in the United States in violation of law."

The NYCLU filed the suit — the first of its kind against a 287(g) Program in New York State — on behalf of the Diocese of Long Island, the Central American Refugee Center, Haitian American Family of Long Island and two local residents. The suit names Nassau County, its police department and Police Commissioner Patrick Ryder.

In a statement, Blakeman spokesman Chris Boyle said the county "is confident that all measures taken to protect communities in Nassau County are legal and properly authorized."

But immigration advocates contend the agreement violates state law that prohibits local law enforcement from conducting civil immigration arrests and could undermine the rights of residents against unreasonable search and seizure.

"Local police do not have the authority to act as ICE agents — and they don’t need to," said Rubin Danberg Biggs, a fellow at the NYCLU and lead counsel on this case. "Nassau County is overwhelmingly safe: County Executive Blakeman himself has called it the safest county in the nation. This unlawful agreement isn’t about safety, reason, or the rule of law. It’s about fear mongering and needlessly hurting immigrant communities."

Blakeman set aside 50 jail cells for immigrants without documentation who are facing criminal charges. They will be jailed for up to 72 hours until ICE officials deport them or transport them to a long-term detention site, Blakeman previously said.

While entering the United States illegally is considered a crime, staying in the country afterward is a civil matter. So while ICE officers can arrest people for those civil violations, state law bars local police from doing so — presenting a possible legal conflict.

"The 287(g) agreement undermines our ability to serve our communities, especially immigrant families who now live in fear of being detained or disappeared," said the Right Rev. Lawrence Provenzano, bishop of the Episcopal Diocese of Long Island.

The 287(g) Program began during President Bill Clinton’s tenure, but gained newfound popularity during Trump’s first term. No new partnerships with ICE were signed during President Joe Biden’s tenure.

Suffolk County has not joined the 287(g) Program.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.