Sheriffs file their reply brief a day early in Bourgault v. Hochul and briefing on the injunction request closes: 15 sheriffs and FAIR ask the Northern District to pause the Local Cops, Local Crimes Act while the case is heard; the court now decides whether to hold a hearing or rule on the papers
FAIR announced Sept. 15 that the plaintiff sheriffs filed their reply brief (ECF 16) in support of a TRO/preliminary injunction in Bourgault et al. v. Hochul et al., No. 1:26-cv-1637 (N.D.N.Y.), one day ahead of the Sept. 16 deadline, closing emergency briefing. The court will decide whether to hold a hearing or rule on the papers; no ruling or hearing date has been reported. The release points to two developments since the Aug. 25 filing: Attorney General James sued Rensselaer County Sheriff Kyle Bourgault and the county in state court on Aug. 27 to force termination of the county 287(g) agreement, and on Sept. 3 a federal judge in Richmond preliminarily enjoined a Virginia law banning 287(g) agreements and federal housing contracts, which plaintiffs argue should guide the New York court. Ten sheriffs, Senate Minority Leader Rob Ortt, Assemblymember Chris Tague and Rensselaer County Executive Steve McLaughlin appeared at an Albany press conference. The state has not publicly responded to the reply; the underlying law took effect Aug. 25.