We can't just arrest migrants for you, NY police agency tells public
Following questions regarding potential U.S. Immigration and Customs Enforcement activity in the City of Geneva, the Ontario County Sheriff's Office and the Geneva Police Department released statements clarifying their department's roles and authority in immigration investigations.
Although both Sheriff David Cirencione and Chief of Police Ronald Eveland said that they have heard and seen rumors online, they said there has been no official confirmation of any ICE or Homeland Security activity taking place. The Sheriff's office and the city police department stated that neither of them was notified or asked to participate in any activity if it did occur.
"ICE's activity in our area has been very limited of the last several years, and even when they do come in our area, it's not typical for them to tell us they're coming or to request our assistance," Cirencione said. "It's been that way for years."
The Democrat & Chronicle is waiting to hear back from ICE officials regarding whether any ICE activity took place in Geneva.
According to Cirencione, OSCO rules and regulations regarding immigration are as follows:
Local law enforcement, including sheriff's deputies, are not authorized under federal or state laws to detain or arrest anyone based solely on improper entry into the U.S., which is a violation of a federal code. The statement says that OCSO deputies do not inquire about immigration status with anyone they encounter.
Immigration Detainers and Administrative Warrants issued by ICE administrative officers do not give a Sheriff or jail any authority to detain an incarcerated individual beyond their scheduled release date.
A Federal Criminal Warrant of Arrest is based on probable cause and signed by a federal judge or federal magistrate, the statement reads. Local police officers in NY State, including sheriff's deputies are authorized to execute these warrants, however, OCSO only assists their federal partners with executing these warrants when requested, or if they come into contact with someone wanted on a federal warrant. Cirencione clarified that ICE usually conducts its own operations and very rarely asks for help from local law enforcement, but that OCSO deputies are authorized to help execute these search warrants if requested to do so.
The release states that the NY State Green Light Law prevents local law enforcement from sharing Department of Motor Vehicle data with ICE and U.S. Customs and Border Protection, however OCSO deputies are legally able and do share other information like court dates and release dates for incarcerated individuals with these federal partners.
"The safety and security of those who reside and travel through Ontario County is of paramount importance to all members of this Office," the last portion of the statement reads. "We have and will continue to work cooperatively with our local, state and federal law enforcement partners in the furtherance of this goal."
With the recent ramp-up in executive orders cracking down on immigration, Cirencone said that his office has received many questions and seen speculation online regarding the role OSCO plays in these federal investigations. Because of this, Cirencione said he wanted to publicize the rules and regulations OSCO has been following for the past 10 years so there can be clarification, transparency and understanding within the community.
"I've taken hits from a couple people that said our statement was insensitive and promotes racial tensions. I don't see that at all," Cirencione said. "I'm just trying to let everybody know where sheriff's offices and local police come into effect with this- and the reality is, it's not much."
The statement released by the City of Geneva Police Department outlines the procedures its members are to follow if they are contacted by a member of any federal agency including ICE, U.S. Customs and Border Protection and Homeland Security Investigations.
According to the statement, the Tenth Amendment limits the federal government from the ability to mandate specific action by states and localities which would include federal immigration investigations. Voluntary cooperation in these investigations would not raise Tenth Amendment issues, but any cooperation must be in compliance with federal, state and local laws, the statement says.
The Geneva Police Department will sometimes receive an immigration detainer, which is a federal request by a federal immigration authority to hold an individual for up to 48 hours. The department states that they will not hold anyone on an immigration detainer unless it is accompanied by a Judicial Warrant which would be signed by a federal judge or federal magistrate judge. Geneva PD will not honor any civil immigration warrants, administrative warrants or other documents signed only by immigration officials, the statement reads.
According to the police department, federal civil immigration authorities can ask for information regarding individuals in the Geneva Police Department's custody such as a release date or court date. The statement says that the NY Attorney General recommends that this type of information is not shared with federal authorities unless presented with a judicial warrant.
The police department states that no sensitive information should be shared that is not available to the general public, which would include addresses. Federal Immigration authorities are not authorized to use the Geneva Police Department facilities without receiving permission from the Chief of Police.
"Lastly, the Geneva Police Department will only assist a federal immigration official with an investigation to ensure the safety of all parties involved," the statement says. "We will not assist in stopping, detaining, or questioning of any individual to assist with a civil immigration investigation."
— Madison Scott is a journalist with the Democrat and Chronicle who edited our Weld Street Project and also did reporting for it. She has an interest in how the system helps or doesn't help families with missing loved ones. She can be reached at MDScott@gannett.com.
This article originally appeared on Rochester Democrat and Chronicle: Migrant arrests in NY: Do local police help ICE?
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