Making cooperation with federal law enforcement illegal is just “crazy”
By Steve Sprague, Bath NY
When was it that the New York State Legislature lost its common sense and decided hardened criminals needed a break?
I grew up in Bath and left for almost 60 years. Military time first, returned in time for the flood in ’72, then off to the Washington, DC, area for almost 50 years before retiring back in the home town. Growing up as a kid, County Sheriff Ted Katner was a kindly neighbor and helped build a respect in me for those who wear a badge and protect us.
On my return to the hometown, though, I’m almost reminded daily that state bail reform laws are sending offenders back on the street hours after their latest offense, apparently robbing judges of discretion. And the so-called “HALT” act is forcing correction officers to jeopardize their lives every day in prisons occupied by the “worst of the worst.”
Now it’s the governor telling our local sheriff he can’t cooperate with a federal law enforcement agency?
Specifically, counties are prohibited from cooperative agreements with Immigration and Customs Enforcement (ICE). Steuben and 11 other counties in New York currently have what’s called a 287(G) agreement with ICE; the one in Steuben approved just weeks ago by the County Legislature.
Steuben Sheriff Jim Allard, in a televised interview this past week, explained clearly how Steuben residents are better protected by helping federal law enforcement remove real criminal migrants from the population. His deputies are better-trained in a far broader range of enforcement duties than ICE agents.
The agreement does not give ICE the right to dispatch Allard’s force for pursuit of wanted migrants. The sheriff is given a list of migrants who may be wanted by ICE. If local forces encounter someone on the list in the course of their daily duties, they’re asked to detain them for ICE. ICE also pays daily fees if the subject is housed in the county jail.
By assigning his deputies – in clearly marked vehicles – to accompany federal agents for an apprehension can prevent the hoodlum-style traffic stops unaccompanied and masked ICE agents have made leading to the deaths of seemingly non-criminal subjects.
Allard also reminded viewers of the importance of communications at all levels of law enforcement. Lack of that inter-agency communication led to 9/11. In the long run, I trust Jim’s deputies far more than the ICE agents we’ve had to watch since this administration began.
I’ve also shared with the sheriff my belief that the county should not be spending my tax dollars to detain or apprehend any migrant who is not clearly identified as wanted for real crimes. If the county is asked to hold a migrant whose only offense is “unlawful entry,” a misdemeanor at worst, it’s a waste of our money and his deputies’ time.
Apparently, the ICE list offers only a brief reason for the detainment such as criminal warrants or court-enforced immigration violations.
The sheriff may have no latitude under the agreement to reject a non-criminal apprehension but when New York authorized charter counties to make their own laws, that should have granted counties the power to reject pure politically-based state laws. Maybe the courts will settle it.
Statistics have shown that this administration’s crusade against any non-citizen, regardless of actual criminal activity, has led to the willy-nilly roundup of thousands of law-abiding and contributing residents. Many of whom are trying to earn citizenship. Steuben County has long depended on “guest workers” for farm harvests and jobs “real Americans” just don’t want to do.
Sheriff Allard also explained that his agency benefits from grant funds from both the state and the federal government. But the governor’s edict would end any federal grant opportunity while ignoring it would end any state grant approach. It’s crazy.
Steuben adopted a county charter a number of years ago to provide it with more “home rule.” County legislators recently approved new 287(G) contracts that bring significant cash to the local treasury but with the understanding the agreement doesn’t turn deputies into ICE proxy agents. Home rule should also give local judges the right to decide if offenders deserve the no-bail release.
Through all of my four “careers” I’ve worked with all levels of law enforcement officers and I’ve kept the respect that Sheriff Ted instilled. But even as a DHS alumni myself, I don’t recognize ICE today. They’re a disgrace to the role they play; it appears they’ve essentially been instructed to be ruthless.
If we can’t prevent the federal agency’s poorly-trained or badly-vetted troops from being here, I want the deputies I trust to be at their side. The deputies are better far more professional and certainly more compassionate.
The governor and the state legislature need to not only recall the restriction but to mandate the presence of local law enforcement oversight anywhere ICE ventures into New York. And revisit laws that respect violators more than the officers who protect us.
Please. Common sense.
Steve Sprague is a native Steuben County resident who has served the nation in the halls of democracy, in Vietnam, as a supervising TSA agent, and the Department of Homeland Security. You can reach him anytime, SgSprague@gmail.com
