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Onondaga County sheriff will only jail immigrants if he has a warrant signed by a judge

Onondaga County Sheriff Toby Shelley speaks to the media Monday February 3, 2025.
Onondaga County Sheriff's Office
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Onondaga County Sheriff Toby Shelley speaks to the media Monday February 3, 2025.

Onondaga County Sheriff Toby Shelley wants to clear up any confusion about his office’s involvement with federal immigration authorities, in light of President Trump’s crackdown on illegal immigrants.

The bottom line, Shelley said on Monday, is that he will follow the law. That means his office will only detain undocumented immigrants in the county jail in cases where a judge signs a warrant.

"If they get arrested, obviously lawfully, under probable cause, Fourth Amendment, and they're in our jail and a judge puts bail on them, the way I understand the guidance, we can keep them up until they make bail,” Shelley said. “And we can let federal authorities know when they're getting released, but we can't detain them beyond when they make bail."

That was the case recently, when the sheriff’s department called Immigration and Customs Enforcement, or ICE, after 28-year-old Galindo Lopez was set to be released after charges of sexually assaulting a woman in the bathroom of a Cicero Walmart. Shelley emphasizes his deputies will only jail individuals if there is a judge’s warrant, and not what’s called a detainer request from ICE, which is administrative.

"Those administrative warrants are just that, said Shelley. “It's not a judicial warrant. We have to have a judicial warrant signed by a judge to keep someone, no different than anyone else. Now, it's a judge that puts you in jail. It's just the police doing the paperwork.”

Shelley said he bases the policy on guidance from the State Attorney General’s office, which cites legal precedent on the issue.

"I think it's important for the public to know that as a sheriff, it is my duty to keep them safe,” he said. “And not only their person, but their wallets. And if we do things that are against the law, we will be sued. And that will cost the taxpayers."

Ellen produces news reports and features related to events that occur in the greater Syracuse area and throughout Onondaga County. Her reports are heard regularly in regional updates in Morning Edition and All Things Considered.