As the Trump administration ramps up its promise to deport illegal immigrants, the acting U.S. deputy attorney general turned his attention to an upstate New York sheriff who released a criminal migrant back on the streets.
Emil Bove III, a former member of President Donald Trump’s personal legal team who was named acting deputy attorney general last week, said that the U.S. attorney for the Northern District of New York was looking into the “failure” of Tompkins County Sheriff Derek Osborne, a Democrat.
“Yesterday, despite the warrant, a defendant with no legal status and a history of violence was released into the community,” Bove said in a release on Thursday, Jan. 30. “Federal agents risked their safety and pursued the defendant in unsafe conditions.”
Bove noted “the U.S. Attorney’s commitment to investigate these circumstances for potential prosecution,” shining a spotlight on the nationwide battle between federal agencies and local sanctuary policies, which have been embraced by the city of Ithaca, the seat of Tompkins County.
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Ithaca is also home to Cornell University, bringing student safety to the forefront as border crossings during former President Biden’s tenure became a national issue.
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Jesus Romero-Hernandez, a 27-year-old Mexican citizen, was previously removed from the United States six times between July and September 2016, according to a complaint viewed by Fox News Digital.
Romero pleaded guilty to a New York state assault charge last month and was sentenced to time served. However, on Jan. 28, the Tompkins County Sheriff’s Office released him despite a federal arrest warrant that was signed by a magistrate judge.
On Jan. 30, Immigration and Customs Enforcement apprehended Romero with the assistance of the U.S. Marshals Service (USMS) and Homeland Security Investigations (HSI), the DOJ said.
“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 said. “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.”
He said the U.S. attorney’s office in Syracuse, New York, had made a commitment “to investigate these circumstances for potential prosecution.”
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In a statement to Fox News Digital, the Tompkins County Sheriff’s Office hit back against Bove’s statement, calling it “false and offensive.” The department noted that Osborne “acted consistently” with local and state policy.
“There was no interference with federal immigration enforcement efforts,” the sheriff’s office said. “DOJ’s assertion that the Tompkins County Sheriff did anything to put federal law enforcement officers in danger is false and offensive.
“The safety of all law enforcement is our top priority. In contrast, Immigration and Customs Enforcement (ICE) were notified of when the individual in question was going to be released and had every opportunity to come to the jail to obtain the individual in question without any need for a pursuit or other incident.”
Fox News Digital has reached out to ICE for comment.
Sanctuary city jurisdiction
The public statement from the acting deputy attorney general is an intensification of the White House’s policy to ramp up deportation efforts across the U.S. – including in sanctuary city jurisdictions.
The Tompkins County Sheriff’s Office and the Ithaca Police Department (IPD) are sanctuary city jurisdictions, which include various measures to bar local law enforcement from assisting U.S. Immigration and Customs Enforcement (ICE).
“In accordance with City law, IPD officers did not participate in any immigration enforcement activities,” the City of Ithaca said in a statement. The City Code notably prohibits police from actively assisting federal immigration agencies, saying that officers’ primary responsibility is addressing local criminal activity, not immigration status.
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Ithaca was also one of various cities that signed an amicus brief fighting against a 2019 Trump-era policy that would have cut federal funding for sanctuary cities that don’t comply with immigration policies.
New York law
Elizabeth Ricci, a partner at Rambana & Ricci and an adjunct professor of immigration law at Florida State University, told Fox News Digital that ICE has 48 hours to take custody after a suspect has been cleared of state charges.
“A federal warrant is dictated by the federal, not state government,” Ricci noted. “If they’re not released in 48 hours, a habeas lawsuit against the entity holding the individual could ensue.”
Ricci said that local authorities could be sued by state attorneys general if an illegal immigrant released into the U.S. commits a crime afterward.
Hector Quiroga, an immigration attorney based in Washington state, told Fox News Digital that local law enforcement has a “responsibility” to cooperate with federal immigration authorities.
“Especially if there is a federal arrest warrant,” he said. “Under the Immigration and Nationality Act (INA) and various Trump administration executive orders, local agents may be required to detain a person under an ICE detainer, which is a request for additional detention by the federal agency. The federal immigration-related arrest warrant, if one exists, must be served by local authorities, provided they are properly informed.
“If the individual is in custody for a state crime but has a federal arrest warrant related to their immigration status, local authorities may detain the individual further while arranging for a transfer to federal authorities for arrest and possible deportation. However, it is important to note that how local authorities handle these situations varies depending on city or county policies and executive orders implemented by the Trump administration. For example, if a city is a ‘safe haven’ or ‘sanctuary city,’ it may not honor ICE detainer requests and release the individual after serving state charges, which could lead to conflict with federal authorities.”
Last month, Bove issued a national directive instructing prosecutors to investigate state or local officials who attempt to obstruct immigration enforcement, according to a memo obtained by Fox News.
The memo notes that the Constitution’s Supremacy Clause and other authorities “require state and local actors to comply with the Executive Branch’s immigration enforcement initiatives” and that it is against federal law for state or local officials to refuse to comply with lawful immigration policies.
“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 said. “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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Campus safety concerns
In the New York case, Romero was arrested in Ithaca, a college town where Cornell University is located. Fears over migrant crime in college communities have been heightened since last year’s killing of Laken Riley, a nursing student who was murdered on the University of Georgia campus by an illegal immigrant from Venezuela.
Riley’s death brought to the forefront campus safety concerns in sanctuary cities and how colleges and their surrounding communities can protect students from criminals.
“Potential dangers exist everywhere, but especially on campus in sanctuary cities as most are open campuses where outsiders can enter either on foot, bicycle or by vehicle,” Patrick McCall, a security expert at McCall Risk Group, told Fox News Digital. “A lot of time, they can blend in with students and go undetected either on or off campus. Reports show Jose Ibarra, who was found guilty in the death of Laken Riley at the University of Georgia, was on and off campus numerous times before the murder and was suspected of ‘looking for females.'”
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Adam Gonzales, the CEO Hyperion Services LLC, echoed McCall’s sentiments, saying that schools need to invest in student safety amid an uptick in security concerns.
“This will undoubtedly be a costly undertaking, but it is one that universities cannot afford to overlook, given the risks to students, faculty, staff, and the institution’s liability,” he told Fox News Digital.
Laken Riley Act
President Trump signed the bipartisan Laken Riley Act on Jan. 29. The legislation promises stricter immigration policies and came as the University of Georgia announced a $1.7 million investment in additional campus safety improvements.
“If you come into this country illegally, and you commit a crime, you should not be free to roam the streets of this nation,” said Sen. Katie Britt, R-AL, who helped push the bill through the Senate.
The bill also empowers state attorneys general to sue the federal government for harm caused by failures or decisions in immigration enforcement that harm states or people. That includes releasing migrants from custody or failing to detain migrants who have received deportation orders.
The bipartisan bill had 46 Democrats in the House and 12 Democrats in the Senate supporting the measure.
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