RESOLUTION NO. 55
A RESOLUTION OF THE COUNTY OF ALBANY, NEW YORK REGARDING OPERATIONS OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AND U.S. BORDER PATROL
Introduced: 2/9/26
By Kuhn, Cunningham, Reidy, Lekakis, Pedo, Miller, Lane, Mayo, Willingham, Reinhardt, Rosano, Gillespie, R. Joyce, McLaughlin, A. Joyce, Laurilliard, Domalewicz, Efekoro, Cleary, Hille, Plotsky, Beston and Simpson:
WHEREAS, The members of the Albany County Legislature each take an oath to support and defend the Constitutions of the United States and the State of New York, and
WHEREAS, The Albany County Legislature’s duties include protecting public safety and safeguarding the constitutional and human rights of all residents of Albany County, and
WHEREAS, The Albany County Legislature supports proper, professional, and competent enforcement of all laws, including federal immigration laws, and
WHEREAS, The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Border Patrol (Border Patrol), exercise significant enforcement powers that directly affect civil liberties and public trust, and
WHEREAS, ICE and Border Patrol under the Trump Administration have employed unacceptable tactics, shown a lack of transparency, and engaged in highly objectionable treatment of U.S. Citizens, documented immigrants, and undocumented immigrants - including unjustified violence and use of force, and numerous other clear violations of constitutional and human rights, and
WHEREAS, Starting in December 2025, ICE, DHS, CBP, and Border Patrol have conducted “Operation Metro Surge,” in which thousands of officers of those agencies have occupied Minneapolis and St. Paul, Minnesota, and
WHEREAS, Some of the ICE and Border Patrol agents involved in “Operation Metro Surge” have displayed poor training, incompetence, lack of composure and professionalism, pervasive disrespect and incivility to members of the community, and unjustified uses of violence, including deadly force, and
WHEREAS, Leaders of DHS, ICE, CBP, Border Patrol, and the Trump Administration generally have made false statements about uses of force by ICE and Border Patrol during “Operation Metro Surge” and otherwise frustrated efforts by state and local officials to properly investigate such uses of force - including but not limited to the killings of Renée Good and Alex Pretti - which creates a lack of accountability, reinforces use of excessive force, and risks exacerbating the misconduct by ICE and Border Patrol agents, and
WHEREAS, The continued presence of ICE and Border Patrol agents in Minneapolis, St. Paul, and Minnesota generally as part of “Operation Metro Surge” is undermining public safety and serves no legitimate governmental or law enforcement purpose, and
WHEREAS, ICE and Border Patrol agents now regularly wear masks to conceal their identities and thus operate with anonymity, and
WHEREAS, The members of the Albany County Legislature stand in solidarity with the people of Minneapolis, St. Paul, and Minnesota generally, and recognize the critical role of state and local governments in protecting public safety and the rule of law, and
WHEREAS, The officers of the Albany County Sheriff and the other municipal law enforcement agencies in Albany County serve our communities and protect public safety while always endeavoring to act with professionalism, respect, ethics, courtesy, and civility, and within the confines of the rule of law, and
WHEREAS, Any operations of ICE, DHS, CBP, and Border Patrol in Albany County using tactics or behavior similar to those employed in “Operation Metro Surge” would be antithetical to public safety and the rule of law, now, therefore, be it
RESOLVED, That all agencies of Albany County, including but not limited to the Albany County Sheriff, will continue to comply with federal immigration laws but will neither cooperate with nor facilitate any operations of ICE or Border Patrol in Albany County. Such prohibited cooperation and facilitation includes, but is not limited to, (1) execution of any agreements with ICE, DHS, CBP, or Border Patrol pursuant to Section 287(g) of the federal Immigration and Nationality Act, (2) use of any Albany County property as detention facilities for civil immigration enforcement, or (3) use of Albany County property as staging areas for ICE or Border Patrol operations; and, be it further
RESOLVED, That this resolution will stay in force and effect until December 31, 2026, unless expressly withdrawn at an earlier date or extended to a later date by the Albany County Legislature, and, be it further
RESOLVED, That, for the avoidance of doubt, this resolution does not prohibit the Albany County Sheriff from notifying federal immigration authorities in advance of an individual’s release from custody, without extending that individual’s detention, if (1) the individual has been convicted of a felony under the New York Penal Law, federal law, or the law of another state, or (2) there is probable cause to believe that the individual has or is engaged in terrorist activity. Such notification shall not be considered prohibited cooperation or facilitation of ICE’s or Border Patrol’s operations under this resolution; and be it further
RESOLVED, That the Clerk of the Albany County Legislature is directed to forward certified copies of this resolution to the appropriate Albany County officials.