ROCHESTER, N.Y. — As the Trump administration works to crack down on migrants living in the U.S. illegally, some people have spotted federal immigration officers in the Rochester area.
Border Patrol agents said on social media that they arrested eight migrants living in Rochester illegally on Wednesday. You may be wondering, can local law enforcement work with ICE agents? Here are the policies of some law enforcement agencies in our area.
Yates County Sheriff’s Office:
The Yates County Sheriff’s Office said actively seeking out people living in the country illegally is not part of its mission. Deputies cannot arrest a person solely based on their immigration status
However, there are circumstances where deputies will help federal immigration enforcement, such as when someone is incarcerated in the county’s correctional facility.
“We want to assure you that we will assist our Federal Partners to the fullest extent we are allowed to by law. We will assist our Federal Law Enforcement Partners with Federal warrants of arrest but only when a warrant is signed by a Federal Judge or Federal Magistrate,” the statement said.
The New York State Green Light Law prevents local law enforcement from sharing NYS Department of Motor Vehicle data with U.S. Immigration and Customs Enforcement or US Customs and Border Patrol. However, this doesn’t prevent Yates County deputies from sharing other information with federal partners that can help with their immigration investigations. You can read more here.
Wayne County Sheriff’s Office:
Wayne County Sheriff’s Office says it will not stop anyone based upon suspicion of illegal status or detain anyone solely based on immigration status.
Sheriff Rob Milby said there has been no ICE agent activity in Wayne County that he’s aware of. Here’s part of a statement he posted on Facebook:
“I am on the National Sheriff’s Association Border Security Committee, and am Chairman of the New York State Sheriff’s Association Border Security Committee. Last weekend I was in a meeting in Washington DC that included Tom Homan, President Trumps appointed Border Czar. From his mouth to my ears, I heard Mr. Homan say that ICE is not conducting raids anywhere. ICE does not conduct sweeps either. ICE targets known criminals that are in this country illegally, and in the present, they are targeting known criminals. In the search for those individuals, if ICE officials encounter others that are here illegally, they will not turn a blind eye. They will do their job. There have been rumors out in just about every community that ICE has been seen conducting raids. The rumor mill has not escaped Wayne County. As of this writing, ICE has not had any activity here that I am aware of.”
“As far as The Sheriff’s Office responsibility in all of this, there is none, other than to tell you what we know. If ICE does come into this county, and something happens where they need our immediate response, we will certainly respond. What we do in that response will be dictated by the nature of that call. Will we collaborate to conduct immigration sweeps? No. If we have reason to believe that someone has committed a criminal federal offense, we will certainly detain that person and contact the appropriate authorities. If we are housing someone at our jail based upon our state laws and we are presented with a detainer by federal authorities, we will not hold that person any longer than what the sentencing judge’s/justice’s signature authorizes. We will notify federal authorities of the time that release will take place. If those authorities arrive to take custody of that person, we will facilitate that transfer.”
Ontario County Sheriff’s Office:
Ontario County Sheriff’s Office says it does not ask about immigration status with the people it encounters, because it’s not allowed to arrest anyone solely based on immigration status.
In addition, Immigration Detainers and Administrative Warrants issued by ICE don’t give a sheriff’s office or jail authority to detain an incarcerated person beyond their scheduled release date. A Federal Criminal Warrant of Arrest must be based on probable cause and signed by a federal judge or federal magistrate.
Local police officers in NY State, including sheriff’s deputies are authorized to execute such warrants. The Ontario County Sheriff’s Office will assist federal partners with these warrants. You can read more here.
Geneva Police Department:
The Geneva Police Department provided details on their policy if they receive an “immigration detainer”, meaning a federal request to hold a migrant for up to 48 hours.
Geneva Police can only hold someone if the federal request comes with a Judicial Warrant. Those warrants are based upon probable cause and must be signed by an Article III federal judge or federal magistrate judge. Having civil immigration warrants, administrative warrants, or other documents signed only by federal immigration officials isn’t enough to hold someone.
Geneva Police also shared details on their policies for sharing information if federal immigration enforcement asks about people in police custody. Immigration enforcement can request information on a person’s release date, time, and location so they can take custody of the person upon release. If immigration agents contact an officer, the officer must immediately notify the on-duty supervisor for guidance. The New York State Attorney General recommends that police wait until they get a judge’s warrant to release information and to avoid sharing sensitive information, such as the person’s address.
Immigration agents aren’t allowed to use the department’s facilities without getting permission from the chief. In addition, Geneva Police will only assist federal immigration officials with an investigation toensure the safety of all parties involved. You can read more here.
“We will not assist in stopping, detaining, or questioning of any individual to assist with a civil immigration investigation,” the department said.
Here’s local law enforcement’s policies on working with federal immigration officials WHEC.com.
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