The Buffalo News, N.Y.
NIAGARA, N.Y — Niagara County Sheriff Michael J. Filicetti said his office would abide by a new state law that bars local police agencies in New York from allowing their officers and resources to be used by federal agencies in civil immigration actions.
But he made clear he doesn’t like it.
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Sheriff’s departments in Niagara and Cattaraugus counties, as well as the Allegany Village Police Department, are among a dozen New York law enforcement agencies that have allowed their officers and resources – including jail space – to be used by U.S. Immigration and Customs Enforcement under a 1996 federal law.
Under the “Local Cops, Local Crimes Act,” which Gov. Kathy Hochul championed as part of the state’s $277 billion budget enacted in May, the departments cannot assist ICE or any federal agency on civil immigration matters.
Nothing keeps the agencies from working with ICE or other federal agencies on criminal matters.
“Let me be clear: While I will comply with the law, I intend to continue working closely with our federal immigration partners,” Filicetti said in a statement. He added that irrespective of the end of the office’s agreement with federal agencies, his office would still honor lawful immigration detainers, notify federal law enforcement before the release of inmates and maintain “our longstanding partnership with federal immigration authorities” for public safety.
“As a border county, Niagara County faces unique public safety and homeland security challenges,” the sheriff said. “Our proximity to the international border makes communication and coordination with our federal immigration and law enforcement partners critical. These relationships have been built over decades and have contributed significantly to the safety and security of our communities.”
Cattaraugus County Sheriff Eric A. Butler said he remains opposed to this effort to prevent the state’s sheriffs from cooperating with ICE, and he is exploring his legal options.
“When individuals in our custody are subject to federal immigration enforcement, this partnership allows transfers to occur safely and responsibly within a secure correctional setting,” he said in a statement to The Buffalo News . “Ending that cooperation does not eliminate underlying safety concerns – it simply shifts them elsewhere.”
Butler warned of the consequences of terminating the agreements with federal law enforcement.
“In my view, forcing the end of these partnerships increases the likelihood that enforcement actions will occur in our neighborhoods, rather than in a controlled environment, creating unnecessary risks for law enforcement officers, the public and the individuals involved,” he said.
People familiar with the law said Filicetti would not be violating the law by working with ICE regarding inmates detained for non-civil immigration reasons. But if the sheriff continued to detain people based on their suspected civil immigration violation, it would be against the law.
“Counties do not get to pick and choose which state laws they follow, and those that do not comply will be held accountable,” said Jen Goodman, a spokesperson for Hochul. “The Local Cops, Local Crimes act does not prevent police from working with ICE and other federal law enforcement to apprehend or detain dangerous criminals. Anyone who would divert personnel and resources away from local law enforcement is clearly not interested in keeping New York communities safe.”
On July 24, Attorney General Letitia James sent letters to the 12 agencies that have had agreements with ICE, asking them to comply with the new law by Aug. 14. Three law enforcement officials have suggested they would not abide by the law. They include Madison County Sheriff Todd Hood, the Republican candidate for lieutenant governor running alongside Nassau County Executive Bruce Blakeman, the GOP candidate vying to unseat Hochul.
On Thursday, as James visited Western New York, a reporter asked her about Filicetti’s remarks. James said litigation was pending in U. S District Court. The U.S. Department of Justice is challenging a part of the budget that outlaws law enforcement agencies from wearing masks in their interaction with the public. James said he said she awaited a declaratory judgement from the court to support the law.
James said the law was needed, in part. because masked immigration agents acting without warrants “jump out of unmarked vehicles with no identification, basically seizing individuals in violation of a law. So it’s a matter of public trust, public safety and it’s also a matter of public dollars in the state of New York being used to detain individuals on civil immigrant warrants, and not criminal.”
Hochul criticized ICE and Customs and Border Patrol agents following two deadly incidents in Minneapolis : an ICE agent’s shooting of Renee Nicole Good, 37, on Jan. 7, and CBP agents’ shooting of Alex Pretti, 37, on Jan. 24. The next month, CBP agents released Nurul Amin Shah Alam, 56, from the Erie County Holding Center on Feb. 19. They dropped mostly blind, non-English-speaking refugee from Myanmar off in arctic temperatures outside a closed Tim Hortons restaurant in Black Rock. He was found dead five days later.
In his statement, Filicetti highlighted the 9/11 attacks.
“One of the most important lessons from that tragic day was that communication and cooperation between local, state, and federal law enforcement agencies are essential to protecting our homeland,” he said. “Breaking down those partnerships does not make our communities safer – it weakens our ability to prevent crime, identify threats, and keep our citizens safe.”
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