ITHACA, N.Y. — A senior official from the U.S. Justice Department announced that an investigation will be initiated into a county sheriff’s office in upstate New York, for potentially not complying with an arrest warrant issued for a Mexican national who had been incarcerated.
Officials from Tompkins County quickly responded, asserting that the sheriff’s office had, in fact, informed U.S. Immigration and Customs Enforcement (ICE) regarding the individual’s impending release, but federal agents failed to arrive in time to take him into custody. “No actions were taken that obstructed federal immigration enforcement,” local officials stated in their response.
The conflict between federal prosecutors and the county authorities began on Thursday, when Acting Deputy Attorney General Emil Bove issued a statement outlining that Sheriff Derek Osborne’s department had neglected to hold a 27-year-old Mexican man upon his completion of a jail term for assault, which ended on January 28. The man was later apprehended by federal agents on a charge dating back a year, related to his illegal reentry into the U.S. following a prior deportation.
Bove highlighted the implications of “sanctuary city” policies in the county’s seat, Ithaca, New York, expressing concerns about the safety risks posed by having to re-arrest the individual. He mentioned that the U.S. attorney’s office in Syracuse is committed to looking into the circumstances surrounding this case for possible prosecution. “The Justice Department will not stand for any actions that jeopardize law enforcement or complicate their duties in protecting the community,” Bove emphasized.
Sheriff Osborne did not respond to communications seeking comment, however, Tompkins County officials stated that the sheriff and his staff adhered to legal protocols. “The Department of Justice’s claim that the Tompkins County Sheriff endangered federal law enforcement is both untrue and offensive,” the statement read, asserting that the safety of law enforcement personnel is of utmost importance. They also clarified that ICE had been informed about the exact timing of the man’s release, allowing them to collect him without requiring any pursuit operations or incidents.
A representative for the U.S. attorney’s office in Syracuse declined to provide further comments beyond Bove’s issued statement. In the wake of President Donald Trump’s inauguration, the Justice Department directed federal prosecutors to investigate state or local leaders perceived as obstructing the administration’s stringent immigration policies, with an explicit threat of potential criminal charges. Bove’s announcement was interpreted as a warning to numerous sanctuary jurisdictions across the nation.
In New York, local jails typically cannot detain individuals beyond their designated release dates in consideration of federal immigration regulations, unless a judicial warrant has been issued for their arrest. In such situations, state attorney general guidelines suggest that local agencies cooperate with federal authorities.
A resolution passed by Tompkins County in 2017 tasked local officers with holding individuals for federal agencies for a maximum of 48 hours under specific conditions, including instances involving judicial warrants or credible evidence suggesting unauthorized re-entry into the U.S. after removal. County officers are also directed to work with federal authorities in cases involving individuals convicted of serious or violent crimes.
The U.S. attorney’s office in Syracuse indicated that the county sheriff’s office had received a copy of the federal arrest warrant filed in January 2024, though it did not specify when this notification occurred. Meanwhile, the county refrained from disclosing how much notice it provided federal immigration agents concerning the man’s scheduled release.
