Buffalo Mayor Sean Ryan issued an executive order Monday prohibiting the use of city personnel and resources for federal civil immigration enforcement.
The order does not affect the city's ability to enforce criminal laws or assist with criminal investigations, he added. The city will continue to honor judicial warrants, arrest individuals accused of violent crimes and comply with all legal obligations.
Ryan emphasized the order codifies existing practices already followed by the City.
"We're still going to arrest violent criminals regardless of their immigration status, but we're not going to expend city resources on civil immigration enforcement," Ryan said at a press conference announcing the order.
"Regardless of your views on ICE this shouldn't be controversial. But people need to understand there's a big difference between criminal and civil offenses — cities don't enforce federal civil laws. The City of Buffalo Police Department doesn't track down people who didn't pay their taxes to the IRS. Buffalo Police don't arrest people for parking violations. Why? Because those are both civil matters."
Asked how it will be enforced, Ryan said the city would "follow up" on any reports of city resources being used to aid federal authorities with civil immigration matters. But said the first step is to make policies "crystal clear."
"Today I'm concentrating on what we have control over, and what we have control over is making sure that every city of Buffalo resident, regardless of immigration status, can feel free and safe to interact with City Hall," Ryan said.
The order is Ryan's first as mayor and is effective immediately. It applies to all city departments, including the Buffalo Police Department.
In a statement to BTPM NPR Buffalo Police Benevolent Association President John Davidson said:
"The members of the Buffalo PBA have always focused on keeping the residents and visitors of the city of Buffalo safe. This has not changed," Davidson wrote. "Our members are focused on keeping the city of Buffalo safe by preventing and solving crime. It's a tall order but we continually show that we are up to the task."
Ryan formally issued the directive just two days after federal agents in Minneapolis shot and killed 37-year-old Alex Pretti, a U.S. citizen and Veterans Affairs nurse who was protesting ICE's presence in the city.
Within minutes of Ryan's announcement, Erie County Republican Committee Chair Michael Kracker emailed a written statement calling the executive order "clear political action that puts ideology ahead of public safety."
He added: "Limiting cooperation between the Buffalo Police Department, city employees, and federal authorities makes Buffalo less safe and weakens law enforcement's ability to protect our neighborhoods and the officers who serve them.
"The tragic events in Minnesota should not have happened. They reflect a breakdown in cooperation and a climate of divisive rhetoric around law enforcement that makes already dangerous situations worse. Public safety depends on law enforcement at all levels working together, not on prohibiting coordination that protects the public and officers."
The mayor's directive comes as a number of municipal leaders in the region are developing or affirming policies concerning local law enforcement working with federal immigration operations.
On Friday, the Town of Tonawanda Police Department issued a statement confirming they "don’t enforce federal immigration laws," saying that's the job of ICE. They added they will assist ICE agents, "if and only when there is a court order ordering them to do so." Earlier this month, it was reported the Niagara County Jail will now only hold individuals for ICE if there is a criminal charge or judicial warrant involved — walking-back a monthslong partnership with federal authorities according to the Investigative Post.
