By Lindsay Press
Within his first week of taking office, President Donald Trump ordered all illegal immigrants to be deported. While some municipalities have complied with Trump’s directive, others have not. Some local governments have taken a more nuanced response to the order.
According to Riverhead Town Supervisor Tim Hubbard, the Riverhead Police Department will not be detaining, interrogating, or investigating residents who could be potential illegal immigrants. He said that task will be left to federal agencies.
“Immigration, however, remains a FEDERAL matter, handled by the appropriate federal agencies – NOT the Riverhead Police Department,” Hubbard said in a statement. “In fact, neither immigration enforcement nor deportation proceedings are legally permissible functions of the Riverhead Police Department, unless there are criminal charges pending.”
However, Hubbard noted that the Riverhead Police Department will assist federal law enforcement if they are asked to. The town has also made it clear that it stands firmly behind the Trump administration’s immigration policies.
Nassau County Executive Bruce Blakeman recently announced that he will provide support to ICE (Immigration and Customs Enforcement) in detaining and deporting criminal illegal aliens. In working with ICE, Blakeman will cross-designate 10 Nassau County detectives with ICE. In addition, ICE will have access to the county’s jail cells to hold those who have committed any crimes. (The federal government will reimburse Nassau for the time the detectives worked with ICE.)
“I want to stress that this program is about illegal migrants who have committed crimes. This isn’t about raids. This is targeted enforcement of our laws based here in the state of New York. People have committed crimes here and violated federal laws by being in the United States illegally,” Blakeman stated.
Blakeman said, because of the state’s weak criminal reform laws, the offenders are more emboldened. “[W]e have criminals who can commit crime after crime after crime, and our judges don’t have the authority to make a determination whether those individuals are flight risks or a danger to the community,” he said. “Criminals are opportunists, and if they know there are no consequences for committing criminal acts, they’re going to do it over and over again.”
The New York Civil Liberties Union (NYCLU) argued that police officers should not be assisting in ICE and federal agencies, emphasizing the New York State law that prevents police from detaining a person for immigration reasons. “Immigrants enrich Nassau County’s culture + economy – they deserve to feel safe and protected,” the NYCLU stated on Twitter/X.
The Town of Southold said it will “not assist ICE or any other federal agency” in the deportation of undocumented migrants. The town’s police department will focus on maintaining public safety and will “continue to treat all residents with respect, regardless of race, national origin, citizenship or any other matter which may define us,” the town stated.
While they noted that they will work with federal and state agencies to “ensure the safety and security of our community,” the Town of East Hampton stated that “ICE detainers alone are not legally sufficient to justify detention.” The town cited state law and a 2018 case in which “[t]hese policies have been in place for years, and the recent executive order does not alter or impact the way the EHTPD [East Hampton Town Police Department] operates.”
The town’s police department does not hold anyone on an ICE detainer, unless a warrant is signed by a federal judge. “New York has deemed a detainer to not be sufficient,” the town stated.
According to the town, the East Hampton Police Department “has not received any further federal or state guidance regarding new policies or procedures and has no information regarding ICE activity.” In addition, anyone who wishes to report a crime will not be asked about their citizenship status.
“The EHTPD and Town officials are in the process of attending meetings with local advocacy groups, clergy, and school districts to clarify the role of local law enforcement and will continue to foster an open dialogue regarding community safety and law enforcement,” the town stated.