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DOJ condemns N.Y. sheriff office’s release of undocumented assault suspect before ICE could make arrest

“[The DOJ] will not tolerate actions that endanger law enforcement and make their jobs harder than they already are, as they work to protect us all,” Acting Deputy AG Emil Bove stated

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The seal of the Dept of Justice, Tuesday, Aug. 1, 2023, at an office of the Department of Justice in Washington. (AP Photo/J. Scott Applewhite)

J. Scott Applewhite/AP

ALBANY, N.Y. — A top Justice Department official condemned the Tompkins County Sheriff’s Office for releasing an undocumented migrant from jail before federal immigration agents could take him into custody on a federal arrest warrant, the Times Union reported.

Acting Deputy Attorney General Emil Bove stated that the U.S. attorney’s office in Syracuse would review the situation, according to the report. He asserted that the sheriff’s office, which he called a “self-described sanctuary city,” failed to detain a “criminal alien” with an assault conviction despite a valid federal warrant.

Bove said the U.S. Attorney’s Office in Syracuse will “investigate these circumstances for potential prosecution.”
According to the statement, the suspect was released into the community on Jan. 28. Federal agents then had to track him down under hazardous conditions but successfully arrested him on Jan. 30.

The Justice Department’s scrutiny of the sheriff’s office comes as the Trump administration continues efforts to deport individuals in the country illegally, particularly those with criminal records, according to the report. New York Gov. Kathy Hochul has previously stated support for deporting individuals convicted of crimes or facing charges in the U.S., distinguishing them from migrants with legal status.

State Attorney General Letitia James has taken a different approach, emphasizing that local law enforcement agencies are not obligated to comply with ICE detainers, which are administrative requests rather than court-issued warrants, according to the report. However, judicial warrants —like the one involved in this case —are based on probable cause and carry greater legal authority.

The man at the center of the case was charged in January 2024 with illegally reentering the country after being previously deported. He had been arrested by Tompkins County authorities in November 2023 and was being held on felony assault charges, according to the report.

“The Justice Department will not tolerate actions that endanger law enforcement and make their jobs harder than they already are, as they work to protect us all,” Bove stated. “We will use every tool at our disposal to prevent sanctuary city policies from impeding and obstructing lawful federal operations designed to make America safe again and end the national crisis arising from four years of failed immigration policy.”

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Joanna Putman is an Associate Editor and newswriter at Police1, where she has been covering law enforcement topics since August 2023. Based in Orlando, Florida, she holds a journalism degree from the University of Florida and spent two years working in nonprofit local newsrooms, gaining experience in community-focused reporting. Married to a law enforcement officer, she works hard to highlight the challenges and triumphs of those who serve and protect. Have a news tip? Email her at news@lexipol.com