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Cayuga County Sheriff Brian Schenck has made it clear where he stands on issues related to illegal immigration as federal agents begin targetting areas of New York State.

In a message posted to Facebook, the sheriff stated, “If members of our Sheriff’s Office encounter an individual that has entered the country illegally, and there is probable cause to believe that the subject has committed a criminal immigration offense, we will detain them and notify a federal immigration official for transfer of custody.” Additionally, if the sheriff’s office receives a federal warrant signed by a federal judge related to an individual being held at the jail, the sheriff’s office will hold that person until they can be transferred to federal authorities once the local charges are resolved.

Sheriff Schenck also noted that his office does not have authority under state and federal law to enforce civil immigration violations without federal partners present. “Absent a criminal (crime) immigration offense, or additional conduct that constitutes a crime or local state charge, we cannot legally arrest and or detain an individual solely because of the civil immigration violation.,” wrote the sheriff.

Sheriffs from neighboring counties are also weighing in on the issue. Onondaga County Sheriff Toby Shelley stated that federal agents would need to have a warrant signed by a judge for him to detain those accused of being in the country illegally. Meanwhile, the Department of Justice has warned of potential retaliation after Tompkins County Sheriff Derek Osborne’s office allegedly released a migrant with a federal arrest warrant.

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