Deputy In Sanctuary County Calls ICE On Suspect, Kicks Off Firestorm

Tompkins County Sheriff Derek Osborne was surprised to learn his department had no policy about dealing with ICE.

Tompkins County, NY – The Tompkins County sheriff has written a new policy dictating how deputies should deal with illegal immigrants and federal immigration authorities after a Mexican national was handed over to Immigration and Customs Enforcement (ICE) on Wednesday.

Tompkins County Sheriff Derek Osborne said a deputy responded to an emergency call late on Tuesday night, after a man entered a closed doctor’s office shortly before midnight and told the cleaning crew he was there to have his blood pressure checked, according to The Cornell Daily Sun.

The man provided a fake name and date of birth to the deputy but offered the fact that he was in the United States illegally.

So the deputy took the man into custody and called ICE, The Cornell Daily Sun reported.

The man was held at the jail in the Public Safety Building until ICE officers arrived to pick him up on Wednesday morning.

“For whatever reason, the deputy felt inclined to reach out to ICE who did respond and picked him up,” Sheriff Osborne said. “This type of interaction where ICE gets involved is not at all what my Sheriff’s Office is going to be involved with.”

The Tompkins County Legislature voted 11 to 2 in February of 2017 to restrict when county employees, including law enforcement, could enforce immigration law, The Cornell Daily Sun reported.

According to the county’s resolution, deputies and other Tompkins County personnel “shall not provide federal agents with access to an individual in their custody or the use of agency facilities or resources to question or interview such individual if the federal agent’s sole purpose is enforcement of federal immigration law.”

The Cornell Daily Sun reported that the county’s sanctuary policy also says deputies shall not perform “the functions of a federal immigration officer” or otherwise participate “in the enforcement of federal immigration law.”

However, the deputy’s actions didn’t break that law because it is superseded by a federal law that prohibits the municipality from barring government officials from reporting illegal aliens to federal immigration authorities, Cornell Professor Kathleen Bergin said.

Bergin helped draft the Tompkins County sanctuary policy, according to The Cornell Daily Sun.

“I think it’s a super close call but that no, what the officer did is not a violation of the sanctuary resolution, but he wasn’t required to do that,” Bergin said.

But the author of the county’s sanctuary bill was not happy.

Anna Kelles, a Democrat who represents the City of Ithaca, told The Cornell Daily Sun that although the deputy didn’t break the law, he violated the spirit of the county resolution.

“We as legislators tried to create an environment where people could feel safe,” Kelles said. “We don’t want people to not trust or not believe in our law enforcement. Law enforcement is here to protect the safety of all human beings in our municipality and if that breaks down, that’s a problem.”

But it turned out that the Tompkins County Sheriff’s Office does not have a policy in place to dictate deputies’ interactions with ICE, and the newly-elected sheriff didn’t know it.

Following the incident on Feb. 6, Sheriff Osborne moved quickly to write a policy for his department that mirrored the intent of the county’s sanctuary resolution.

He told The Cornell Daily Sun he worked with the New York Immigration Coalition to draft the rules for his deputies and even asked them to make sure the man detained had been provided with an attorney.

“That’s how seriously I’m taking this,” Sheriff Osborne said.

The sheriff said he wanted to create an environment where “people shouldn’t be fearful about calling for help,” according to The Cornell Daily Sun.

He has not released the name of the deputy who called ICE.

“The deputy thought he was doing the right thing at the time but it’s definitely not the way I want these calls handled moving forward,” Sheriff Osborne told The Cornell Daily Sun.

He said the deputy will not face any disciplinary action, The Ithaca Voice reported.

"I can't go back in time to fix the situation, but I can work to ensure it doesn't happen in the future," Sheriff Osborne said.

The sheriff’s new policy prohibits deputies from notifying ICE or cooperating with federal immigration authorities without a judicial warrant.

Comments (78)
No. 1-47
Gradymizell
Gradymizell

Sorry pos agency

MSK
MSK

Incredible! I thought the purpose of law enforcement was to enforce the law. When and where will this liberal shit end? The guy entered a doctors office at midnight to “have his blood pressure checked” yeah right, sure he did.

gardengnome
gardengnome

When it is finally acknowledged that RBG has passed, then these 'sanctuary' cities, counties, and states will learn what the supremacy laws of the Federal government are truly about. The lunacy of 'protecting' criminals will end.

BQZip
BQZip

"...although the deputy didn’t break the law, he violated the spirit of the county resolution."

Your "resolution" isn't law. State laws on immigration CANNOT supercede Federal law. Why is this so hard to understand?

DavidPeoria
DavidPeoria

There is a revolution a coming.

Sgt961
Sgt961

Ship their dirty Mexican asses back!

DannyWmo
DannyWmo

So the Deputy should have just charged the guy with trespassing, giving false information, (since he gave a false name and dob), locked him up and then let the system deal with him and if they (the courts or prosecutor) let him off, let them explain why.

AnnykaV
AnnykaV

Yes, little Miss Democrat, people learn exactly how to deal with law enforcement when we don't uphold the law, they walk all over it and often use violence in doing so.

jimmyfboyd1234
jimmyfboyd1234

The sheriffs should be arrested for violating our constitutional laws

LEO0301
LEO0301

I thought the purpose behind being a law enforcement officer was to enforce the friggen laws!

186
186

Sheriff's departments rely heavily on Federal funds, assistance from the DEA for forfeiture assistance, and countless of other income. Just cut off all Federal assistance, and watch how fast they sing a different tune

Bigyoda20
Bigyoda20

That sheriff is a pos who doesn’t deserve to be in his position.

BLSupporter
BLSupporter

So much for enforcing the law. If I were a LEO with that county, I would seriously consider another line of work.

Sgt961
Sgt961

Ship all their dirty Mexican asses back, men, women, children, old and young! Trump 2020.

Pack
Pack

NY. No surprise

Magamatt
Magamatt

Good kick those dirty beaners out of here

tfort
tfort

What a dumbass sheriff. Doesn’t even know what his policy on contacting ICE.

Cromaxgal
Cromaxgal

So in other words New York allows them to break the law of the land. Or wants them to. DO AWAY WITH SANCUARY CITIES!!!!

Trefflek
Trefflek

Sheriff is a Disgrace to all real law enforcement officers

Copfamily
Copfamily

But no comment on why said detainee was trying to access an office at midnight....how about that angle????

TarnishedCopper
TarnishedCopper

How do you pass and enforce a county law that is contrary to Federal law, and then write a policy that is also contrary to federal law to support the (illegal) county policy? Something is wrong here and it starts with the Sheriff.

Captain Wellhead
Captain Wellhead

Tompkins County Sheriff Derek Osborne is a non (US) American. If he was a true (US) American then he would enforce the removal of all people of whom broke the law. I am sure though he probably prides himself as being a sovereign citizen, that breaks many of his own laws every day, (speeding, running stop signs and stop lights, not wearing a seat belt, driving distracted even in a school zone) I could add more but I wont. Do the job you were elected to do Derek and protect (US) American's in your county from law breakers.

dragonmas40
dragonmas40

Don't blame the sheriff or even governors because the feds under Obama allowed sanctuary areas to form without upholding the laws of the land and Trump seems to be inclined to follow the same path

Bad Bob
Bad Bob

Hey, Sheriff, it's not YOUR Sheriff's Office, it's the PEOPLE's Sheriff's Office.

Manlius
Manlius

The sheriff said he wanted to create an environment where “people shouldn’t be fearful about calling for help,” By that logic he could say “Let’s not enforce any law violations by known sex offenders because we don’t want them to be fearful of calling us if they ever need help.” And guess what, let’s throw in drug dealers, spouse abusers, burglars, armed robbers, etc. So now LEO’s are supposed to make the determination on enforcement based on WHO the perpetrators are instead of WHAT the perpetrators have done. Not surprising, though. It’s just another version of the Hillary Defense Doctrine.

magnumforc
magnumforc

Yet the elected (read that more politician than sheriff) sheriff would not hesitate to call for federal aid if he thought it was needed. Of course, NY is like CA anymore, run by eejits.

GForce48
GForce48

Proves the point that we can't entrust our collective security into the hands of Dems/libs/socialists as they no longer have our safety and security as a priority.

Wolfman2253
Wolfman2253

Another LE PC politician who has NO idea about being a street cop....violation of the Law is Violation of the Law Period.....

1Starhoosier
1Starhoosier

I hope that sheriff keeps his door open so all illegals have a safe place to go...……..

charlesjandecka
charlesjandecka

We can only hope that this "Top Dog," or his family, will quickly fall victim to anyone doing anything illegal.

NFPD103
NFPD103

This is a dangerous situation the sheriff is creating how any citizen or legal resident here can feel safe with a policy that allows undocumented illegal aliens to continue committing crimes against lawful citizens this guy entered a closed business and trespassed. The sheriff is pandering to the left seeking 4 more years before he has even finished his first month in office.

Grog
Grog

What do you expect for New York?

chiefd
chiefd

Hey, Sheriff (or wanna be sheriff, better lap dog for the liberals), your deputy did the right thing. Kudos to the deputy, he should be sheriff.

Betsy Shane
Betsy Shane

You are wrong Trump is trying to get things done but his own gop Senators some of them are high jacking him!! If this keeps up he needs to call for emergency security on the wall!!!

Betsy Shane
Betsy Shane

Probably like a nasty illegal to rob the place of drugs or whatever he could get bet ya on that!!!!

Betsy Shane
Betsy Shane

I bet he was going to steal drugs or whatever he could get!!

Teijeiro2
Teijeiro2

Send that bastard an email. You can find the Tompkins County Sheriff's office's website and email him. I JUST DID. What a piece of FILTH.

Gap Filler
Gap Filler

Send these illegals home! It's not our job to support them, their families, their crimes against Americans, or the democratic agenda!

69marine
69marine

I thought the sheriff's we're elected by the people of the county they serve in. So unless this is what the people that elected him/her for, why would a sheriff obey an illegal law. Did something change and sheriff's don't work for the people anymore they answer to politicians now?

NickyJ
NickyJ

hmmm I wonder how much money he is getting for his ass kissing for the liberal’s. Screw him he is a disgrace to the uniform. What a puss

MajScallywag
MajScallywag

Another bastion of leftist socialist democrats heard from. That NY county must be full of liberals who don’t value our country or their own property and lives. Don’t bother to whine when some illegal murders anyone in your county. Assholes!!

IseeWhereThisIsGoing
IseeWhereThisIsGoing

the county’s sanctuary policy also says deputies shall not perform “the functions of a federal immigration officer” or otherwise participate “in the enforcement of federal immigration law.”

and here I was thinking that a law enforcement officer had to enforce all laws... Silly me

Nighthawk644
Nighthawk644

Kudos to the deputy for doing his job...which is to enforce ALL the laws of the land.

Nighthawk644
Nighthawk644

the deputy "violated the spirit of the county resolution?" Hahaha.....I bet it gets "violated" again..

Caroparks53
Caroparks53

Sad day when law enforcement cant enforce the law

barefo0t
barefo0t

"....The sheriff’s new policy prohibits deputies from notifying ICE...." hmmmmmm.... so if the deputy was to accidentally mention it to, oh, say, a family member or an attorney friend or the waitress at the coffee shop or the editor at Breitbart or, ya know, someone.... then THEY can call ICE, and the deputy won't get in trouble? right ? ;-)

it is a sad sad day in the land of the free, when LEOs have to come up with devious ways to conform to the Constitution, enforce the law and do what is right. :-(