Onondaga Sheriff: Only Judicial Warrants for Immigrant Detention

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Onondaga County Sheriff Toby Shelley announced that his office will only detain undocumented immigrants if there is a warrant signed by a judge. During a news conference on Monday (February 3), Shelley emphasized that his department will not comply with detainer requests or administrative warrants issued by U.S. Immigration and Customs Enforcement (ICE). He cited legal concerns, stating that following such requests could lead to lawsuits against the county.

Shelley referenced the New York Attorney General's guidelines and a New York appellate court case, People ex rel. Wells v. Demarco, which found that local law enforcement is not authorized to arrest individuals for civil immigration violations. "If we do things that are against the law, we will be sued, and that will cost the taxpayers," Shelley said, according to Syracuse.com.

Shelley's policy marks a shift from his predecessor, Sheriff Gene Conway, who complied with ICE detainer requests. Shelley clarified that his office will notify ICE if someone with a detainer request is set to be released, allowing ICE to detain the individual themselves. This was the case with Galindo Lopez, who was charged with sexual assault and later taken into ICE custody after a judge ordered his release.

Shelley assured the public that his priority is to protect both the community and its finances. He stated, "I'm going to do my homework to keep you safe," as reported by LocalSYR. Shelley also expressed his commitment to protecting the constitutional rights of all individuals, including undocumented immigrants.


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