New York continues to provide millions of dollars to local law enforcement agencies participating in a federal border security program that has resulted in immigrants being turned over to Border Patrol, even as state leaders move to restrict police involvement in federal immigration enforcement.
A new investigation found that sheriff's deputies working under Operation Stonegarden have reported turning at least 24 immigrants over to Border Patrol since 2023, mostly following traffic stops. Another 21 people were transferred to federal agents for reasons not specified in available reports.
The findings by New York Focus are based on records from five of the 13 participating counties, meaning the total could be higher. New York has distributed roughly $30 million through Stonegarden since 2009, including $2.7 million this year, to fund overtime patrols and equipment in counties along the Canadian border.
The program operates separately from the 287(g) agreements that New York banned under a law taking effect Tuesday. Those agreements formally authorize local officers to perform certain immigration enforcement functions on behalf of Immigration and Customs Enforcement. A federal judge recently allowed the state's ban to proceed while blocking a separate provision restricting federal agents from wearing masks.
Stonegarden, however, remains untouched by the new restrictions. Records reviewed by New York Focus show deputies in Jefferson and Oswego counties helping Border Patrol detain at least 23 immigrants since 2023. In several cases, encounters began as traffic stops and ended with people being taken into federal custody.
State Sen. Rachel May described Stonegarden as potentially "an end-run around what we were trying to do" with the 287(g) ban.
Gov. Kathy Hochul has promoted Stonegarden funding as supporting border security, counterterrorism and emergency preparedness while arguing that local police should not be used for federal civil immigration enforcement. Her office told New York Focus that the administration "will not aid ICE in federal civil immigration enforcement."
The distinction comes as New York begins enforcing its new restrictions. Attorney General Letitia James subpoenaed several counties Tuesday over their continued 287(g) agreements, while some sheriffs are preparing a federal lawsuit challenging the law.
Hochul warned that agencies maintaining prohibited agreements would face legal action, saying the state's approach is straightforward: "local cops, local crimes."
