Sheriff Toby Shelley of Onondaga County declared on Monday that undocumented immigrants will only be detained in the county jail if a court-ordered warrant is provided to his office. In a recent news conference, he emphatically stated that his department will not honor detainer requests and administrative warrants originating from U.S. Immigration and Customs Enforcement (ICE) officials. Underlining the importance of law and order, Shelley reminded everyone that his commitment is to ‘follow the law’.
The Sheriff’s stance indicates a stark departure from the practices of his predecessor, Sheriff Gene Conway, who used to comply with ICE’s detainer requests. A detainer request essentially is a call from ICE to local law enforcement agencies, asking for the incarceration of non-citizens; it is ICE’s primary mechanism to assume custody of undocumented immigrants with an aim of deportation. ICE also resorts to procedural warrants, however, these are neither signed by a judge nor do they have the same legal standing as officially sanctioned warrants.
Sheriff Shelley voiced concerns about the consequences of honoring such requests – expensive litigation bills for the county and possible conflicts with state regulations and guidelines. He specifically referred to the New York Attorney General’s Office norms. Emphasizing on the repercussions, Shelley warned, ‘If we act against the law, we are inviting lawsuits, costing taxpayers heavily. Understanding the law is of utmost importance.’
He drew attention to an appellate court ruling from New York – People ex rel. Wells v. Demarco – which established that local law enforcement agencies do not have the jurisdiction to carry out arrests on grounds of civil law immigration infringement. Sheriff Shelley affirmed his commitment to following any judge-sanctioned warrant served to his office, the directives of which might entail holding an individual in jail or making an arrest.
Under current protocol, the ICE is notified if a person with a detainer request is scheduled for release from Onondaga County Justice Center jail. When this happens, ICE officers can execute the detention themselves. Explaining this procedure, Sheriff Shelley shed light on his department’s recent handling of the Galindo R. Lopez case.
Lopez, aged 28, was accused of sexually assaulting a woman in a bathroom at a Cicero Walmart. Despite a 48-hour detainer request from ICE, the sheriff’s department declined the request, but kept ICE in the loop when a court ordered Lopez’s release.
After the judge’s order, Lopez was subsequently taken into custody by ICE. Addressing the county residents, Sheriff Shelley urged trust and understanding. He maintained that his decision-making is informed by a desire to shield the county from expensive legal battles while ensuring public safety.
He reassured the concerned public, stating ‘I will do my due diligence in maintaining your safety, both at the personal and financial level.’. Gearing ahead, he acknowledges that ‘national events will trickle down’ affecting local law enforcement and policies.
He reassured his commitment to keeping his deputies and officers updated about the office’s policies, procedures, and changes. Sheriff Shelley affirmed that he would routinely meet with his department to maintain open lines of communication and ensure informed responses to all situations.
The discourse around Immigration policies and practices is complex and fraught with challenges. While the Sheriff’s new policy has been met with mixed responses, it signals a step towards a more legally compliant approach in dealing with this sensitive issue.
Legal experts claim that Sheriff Shelley’s approach could potentially prevent legal issues down the line, such as expensive lawsuits that could drain the resources of the county. These experts agree that understanding and adhering to the laws in place is crucial for smooth functioning and public safety.
Public opinion on this move is diverse. While some laud this approach as being balanced, others fear potential crime implications. But all parties seem to agree that law enforcement needs to engage comprehensively and constructively with the challenge of immigration.
The Sheriff’s words have come at a critical time, with the immigration situation forming a prominent part of the national discourse. His announcement has opened crucial conversations on the roles and responsibilities of local law enforcement bodies.
The delicate balance between following federal requests, the threat of costly legal consequences, and upholding public safety is a fine tightrope to walk. It remains to be seen how this new policy direction impacts the future of Onondaga County’s approach towards undocumented immigrants.