The U.S. Justice Department called for an investigation of Tompkins County Sheriff Derek Osborne on Thursday for allegedly not honoring a federal warrant after he released an undocumented immigrant from custody.
According to a Thursday press release, Jesus Romero-Hernandez pleaded guilty to third-degree assault charges and was sentenced to time served in the Tompkins County Jail. On Jan. 8, 2024, Romero-Hernandez received a federal criminal complaint which was issued for illegally re-entering the United States after a prior removal. According to a Thursday press release from the U.S. Department of Justice, Osborne “refused to honor the federal arrest warrant and released [him] before ICE-ERO arrived to pick him up” on Tuesday.
According to Acting U.S. Deputy Attorney General Emil Bove III, Romero-Hernandez was released before ICE agents could pick him up from jail, and the U.S. attorney for the northern district of New York will investigate whether the Tompkins County Sheriff’s Office acted within the law.
According to the DOJ press release, Romero-Hernandez was apprehended by agents with ICE-ERO, assisted by the U.S. Marshals Service and the Department of Homeland Security on Jan. 30, two days after his release by Osborne. The press release also stated that the charges in the complaint pending against Romero-Hernandez are “merely accusations, and he is presumed innocent unless and until proven guilty.”
Bove said in a statement to The New York Times that the situation endangered law enforcement, writing, “Federal agents risked their safety and pursued the defendant in unsafe conditions.”
In a statement to the Ithaca Times, Sheriff Osborne said, “We do not work with [ICE] in any capacity. I can’t think of a time we have even had an interaction with ICE.”
Leaderboard 2
The Ithaca Common Council voted to become a sanctuary city in 2017, limiting the Ithaca Police Department’s cooperation with ICE. Now, the city is subject to the Trump administration’s crackdown on sanctuary cities. The administration has enacted a Sanctuary Cities Enforcement Working Group, which threatens to bring civil lawsuits against jurisdictions that do not comply with immigration enforcement.
According to existing case law, state and local governments are not obligated to enforce federal immigration laws under the Tenth Amendment. This legal foundation allows sanctuary cities like Ithaca to refuse cooperation with ICE without violating federal law.
The Tompkins County Sheriff’s Office’s policies on immigration — which outlines rules for responding to requests from federal immigration officials, enforcement actions and community interactions — states that there is no obligation to hold individuals for ICE without a judicial warrant.
Newsletter Signup
G.O. 719 states that “Absent a lawfully issued judicial warrant, Sheriff’s Office personnel shall not provide ICE or [Customs and Border Protection] with access to an individual in their custody or the use of office facilities to question or interview such individuals if ICE or CBP’s sole purpose is enforcement of federal immigration law.”
Alderperson Patrick Kuehl ’24 (D-Fourth Ward) told The Sun he expressed strong opposition to the federal government’s crackdown on sanctuary cities.
“I personally think that the Trump administration’s witch hunt for illegal immigrants is immoral and xenophobic,” Kuehl said. “Of course, we need to uphold our local, state and federal laws but that doesn’t mean striking fear into the hearts of our communities across the country.”
According to Kuehl, Ithaca will be reaffirming its sanctuary city status with a full vote of the Common Council this upcoming Wednesday.
“I am committed as an elected official to do whatever I can to support and protect our community,” Kuehl said.
Cereese Qusba ’27 is a staff writer and can be reached at [email protected].
Correction, February 6, 6:05 p.m.: The article previously incorrectly stated that Mr. Romero-Hernandez was charged in a federal criminal complaint for assault.