Local police officers in
People ex rel. Wells v DeMarco, 2018 NY Slip Op 07740, Appellate Division, Second Department
Susai Francis, an Indian national living on
Long Island, had overstayed his visa. Arrested for driving under the influence [DUI] in , he was transferred to Nassau County to complete a criminal proceeding. Francis plead guilty to disorderly conduct to dispose of the criminal charge and was sentenced to "time served." Suffolk County police rearrested Francis at the request of Immigration and Customs Enforcement [ICE] and incarcerated in a jail cell in Riverhead rented by ICE. Suffolk County
The Appellate Division ruled that
police went beyond their authority in violation of State Law when it honored ICE's request to hold someone as "local law enforcement officers are not authorized to effectuate arrests for civil law immigration violations." Suffolk
In contrast, said the Appellate Division, local police could do so if ICE produced a warrant "signed by a judge."
The decision is posted on the Internet at: