Cayuga County Sheriff Brian Schenck has clarified his office’s policy on illegal immigration, stating that local law enforcement lacks the authority to independently enforce civil immigration laws without federal assistance. His statement comes amid heightened community interest in how the Sheriff’s Office handles such matters.
Schenck explained that deputies will detain and transfer custody of individuals suspected of criminal immigration offenses to federal authorities when there is probable cause. However, absent a criminal offense or state-level charge, the Sheriff’s Office cannot detain individuals solely for civil immigration violations under New York State and federal law.
New York’s Court of Appeals has ruled that local law enforcement does not have jurisdiction to enforce federal civil immigration laws. Schenck emphasized that although his office cannot take action on civil violations without federal partners present, they will fully cooperate with federal authorities when assistance is requested.
Public safety and constitutional rights remain key priorities for the Sheriff’s Office, Schenck said. He criticized what he described as an “open border policy” in recent years, asserting that it has led to an influx of unvetted and unidentified individuals. Schenck pointed to arrests last year of undocumented individuals accused of serious crimes, including offenses against children, as examples of the risks posed by such policies.
The Sheriff underscored the role of federal agencies such as U.S. Customs and Border Protection, Immigration and Customs Enforcement, and Homeland Security in maintaining national security. His office, he said, is committed to supporting these agencies’ efforts to identify and remove criminal offenders who present a threat to public safety.
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