Following the recent ICE operations in Yonkers, Mayor Mike Spano last week took the unusual step of issuing a statement emphasizing that the “Yonkers police department was not part of this joint task force.”
Does this mean that Yonkers is officially a “sanctuary city?”
It does not. The Yonkers City Council never enacted a sanctuary ordinance, legislation that would have officially stated that it is the city’s policy to limit its cooperation with federal immigration enforcement agencies. That would mean, for example, that an individual arrested for burglary, if found not to have legal status, would not be reported to ICE.
Still, immigrant protection measures from the state and county level do apply in Yonkers as well.
Westchester County Law
Westchester’s Immigrant Protection Act limits how county agencies share immigration status and bars using county resources for civil immigration enforcement. This sets the tone for what happens in Yonkers, but only applies to county law enforcement. NY Attorney General guidance says local police cannot hold someone on an ICE detainer or administrative ICE warrant alone; they need a judicial warrant or independent probable cause for a crime.
Yonkers Police Department Answers TYL Questions
To better understand how the Yonkers Police Department is handling its relationship with ICE and other agencies, we put a series of questions to the department via email.
Q. Has the department noticed an increase in ICE or other federal activity in Yonkers — activity aimed at finding and detaining the undocumented?
A. We are not always notified of federal law enforcement activity; with that said, we are not seeing a documented increase in federal law enforcement activity here in Yonkers.
Q. What is the official position of the department regarding cooperation with ICE or other agencies?
A. As a sworn law enforcement agency, the Yonkers Police Department abides by all active laws, lawful orders, and duties imposed upon us in that capacity. We do not interfere with, impede, or otherwise become involved in the investigations of other law enforcement agencies, including those at the federal level, unless assistance is officially requested. The Yonkers Police Department does not determine the “sanctuary” status of the City of Yonkers; we would refer you to follow-up with the proper authorities.
Q. Does the department have contingency plans for a possible increase in the federal presence here?
A. The Yonkers Police Department communicates with our federal law enforcement partners and stands ready to coordinate when necessary to ensure the safety and well-being of our residents. Federal agencies operate within their own jurisdictions, and when their investigations bring them to Yonkers, our focus remains on maintaining public safety and minimizing any disruption to the community.
