Commentaries on Local Justice by Bill Martin

Tag: FRED AKSHAR

Broome County, ICE, and the Carceral Crisis

We Need a New Jail!

Expect that call to come soon, for there is no question about it: the Broome County jail is filling up, steadily reversing declines in the jail’s population in recent years from well over 500 incarcerated to less than 300 local residents. While there is little information from county officials, reports from inside recount persons being haphazardly “double-bunked”, a second shift laundry shift being put in place, and buses arriving and departing with waves of new detainees.

What’s Up?

The most immediate cause behind the rising numbers?  From press reports one suspects the new 287g agreement the Sheriff inked with Immigration and Customs Enforcement (ICE), one of just four Sheriffs to do so out of 62 counties statewide.  After a protest out at the jail and a disastrous public townhall, Sheriff Akshar revealed that eighty-eight ICE detainees had in a short period been cycled in and out of the jail.

Who they were, what charges they faced, how long they were in jail, and where they went is unknown. It’s a bit mysterious. While in the jail ICE detainees were housed in locations without visitation. They were not recorded on the Sheriff’s app’s roster, nor the ICE locator, nor the Federal locator. Family and friends didn’t know where they were.  Was this a momentary surge for a few days or a continuingtrend?

A Freedom of Information Law (FOIL) request to the NY State Department of Criminal Justice (DCJS) for the daily reports points toward an answer (data attached here).  Here is a plot of the occupancy figures for the jail from January 1 to March 31, 2025:

Overall, the jail population has increased by over 27% in the first 4 months of year and over 30% above the average for 2024 (323).

What’s driving the increase?

What stands out first is the abrupt peak in late March at 450 persons housed in the jail—attributable indeed to the quick influx of persons held for ICE who cycled in and out quickly.  Where did they come from? From outside Broome county, following upon  March 24-28th ICE raids in the Buffalo, Rochester, Syracuse and surrounding areas that led to the capture of 133 people, overwhelmingly persons without any criminal conviction as has been the case for deportations nationally (ICE reports only eight of the 133  had a criminal record in their past—far below the one third of Americans who have a criminal record).  For Broome County this was an unprecedented surge. While the county sheriff has for over two decades had an agreement to house persons on Federal charges, the daily average in the last ten years was eighteen. The FOIL data shows that in late March there were seventy-six people incarcerated for the Federal government.

Why the Broome jail? And where did they go after their short stay?  ICE has only one detention center in New York, in Batavia outside Buffalo. ICE relies on jails to house detainees when Batavia is full up as it has been lately.  Broome apparently offered up spaces in return for payments of about $100/day per person. From the Broome jail we know some individuals went to Boston, some to other jails (e.g. in Delaware county), and many to Texas for immediate deportation.  It’s a common NY pattern as research published by the Deportation Data Project and mapping by Bloomberg reveal:

Bloomberg, May 1, 2025

While the March ICE surge moved in and out quickly, the number of Federal persons has steadily creeped up since them. The Sheriff for his part repeatedly states he will do all ICE asks of him, and he has sent officers off for extensive ICE training and certification. What they will do when their training is complete is unknown.

A second source for accelerating jail numbers is the state prison crisis driven by violence and strikes by correction officers.  Statewide protests against the on-camera murder of Robert Brooks Sr, followed by the murder of Messiah Nantwi, were accompanied by an illegal strike by thousands of correctional officers who demanded more power, money, and the nullification of the HALT law that has limited solitary confinement. Faced with prisons with no officers, the Governor called in national guard troops to help run the prisons. This was costly, running an extra $100 million per month. Sheriff Akshar and Congressional Representative Josh Riley sided with the officers, joining them on picket lines outside prisons. After extended negotiations 2,000 officers decided not return to work and the Governor fired them–creating a continuing carceral crisis.

The state prison crisis dramatically increased persons in county jails as the transfer of convicted persons to state prisons, or “state readies”, was stopped by prison authorities.  At the beginning of 2025 the number of persons waiting transfer to state prisons from the Broome County jail was less than five. Thereafter the numbers rose inexorably and are now ten times that number, adding to increases in Federal detainees. The upward trendlines in both are unmistakable when charted:

It is tempting to assume the rapid rise in ICE detainees and persons awaiting transfer to state prisons will reverse as staff is rebuilt at prisons and new ICE detention centers.  The latest state budget includes at least an additional $500 million however to cover continuing costs to offset the 2,000 missing officers.  Meanwhile current budget proposals in Congress propose an extraordinary 365% increase in ICE’s current $3.4 billion budget, with $12.4 billion for detention alone.  It is unlikely current either of these trends will be reversed in the near future.

The future?  Build more cells—or empty them?

A simple linear projection of current trends estimates the number of persons in the jail will by late summer hit 500, and by late fall the  maximum capacity of 550 persons will be breached.

Barring any offsetting trends, expect the Sheriff and County legislators to launch a campaign for a major new jail expansion, extending efforts to increase jail populations by rolling back recent bail, parole, and earned time reforms.

What might counter such trends? New York State legislators could pass both the New York for All bill that would prevent all local law enforcement officers from collaborating with ICE, and the Earned Time Act that would extend release to more incarcerated men and women. State Senator Lea Webb and State Assemblyperson Donna Lupardo are among the many who support both bills. County legislators might move funding from jails as medical treatment centers to community treatment centers that have public oversight.  And perhaps we might no longer accept that there is a “staff shortage” at state prisons and recognize–as even the Governor and the NYS Department of Corrections do when faced with the prison crisis–that prisons actually have a surplus of people incarcerated for far too long. It’s time to let them return home.

ICE Comes to Broome County (updated March 30, 2025)

Update March 30, 2025:  the jail is now an ICE detention facility

Both the Sheriff and multiple news agencies reported that the new 287(g) contract with ICE described below was restricted  to simply serving warrants on people already in the jail. Yet within three days it was evident that a new flow of ICE detainees were being brought to and incarcerated  in the Broome County jail.  Multiple sources report an estimated 50 to 60 new people being incarcerated on behalf of ICE, arriving from distant counties along the Canadian border to central New York.  They are hidden from public view, denied any legal representation, and kept in conditions of isolation and solitary where they can’t connect to the outside world or have visitors. Their wives, husbands, children and friends do not know where they are or the condition they are in–or even if they are alive. Local employers in central New York have lost some of their most highly skilled workers, from the farms that produce the food we eat to those that provide the daily health and human services our community relies upon.

What can be done? Local legislators at the county and state level need to investigate how this came about, with whose authority, and what the conditions are in the jail. By law, state representatives may enter the jail unhindered. They need to do so and talk to the people being caged there. County legislators need to investigate how the sheriff, unlike other sheriffs in the state, have been able to undertake these commitments and brutalities without any clearance by the legislature which funds the jail’s operations. They need to ask: Who’s paying for all this vast expansion of incarceration? How much violence is generated by stuffing too many people in too many cells with too little support much less supervision? What are the health conditions there as numbers escalate and crowding occurs? Local organizations that work in the jail need to examine the material and moral conditions under which they work, including work by local churches colleges, and NGOs. Can they continue to operate under these new conditions, behind closed doors, with no oversight by local, state or federal agencies?

*****

Five months ago in a newspaper op-ed I raised the question of how Broome County might respond to candidate Trump’s call to deport millions. Today the questions are different:  Will Broome County deputies act as ICE agents? Will the Broome County Jail operate as an ICE detention center? All signs indicate that the answers today are yes.

It’s all part of putting into practice Trump’s desires. On January 20, 2025 Trump issued an Executive Order on Protecting the American People Against Invasion, declaring war on migrants, refuges, and asylees. Immigration and Customs Enforcement (ICE) was tasked to fulfill his promise to deport millions. After a series of media spectacles the numbers being deported are, however, well below levels achieved during the first administrations of both Trump and Obama. Not even a million at currents rates is in sight.

The use of local law enforcement officers has quickly and quietly become critical. ICE has only 5,500 officers nationwide while in NY State alone there are over 55,000 local police and county officers. If there is any chance of Trump deporting one or more millions, it will require the use of local law enforcement. Including ours in Binghamton and Broome County.

And here enters ICE’s 287(g) project.

ICE’s recently revamped 287(g) program ties local law enforcement to ICE in three possible ways: a jail model to report possible detainees to ICE, a task force model to work with ICE on a limited basis, and a warrant service program to train and certify local correctional officers to act as ICE agents.

This past week local media reported that the Broome County Sheriff has joined two other NY counties in signing a 287(g) agreement, in this case with as a Warrant Service partner (see reports on WIVT/ABC, WBNG/CBS, Press&Sun Bulletin).


ICE 287(g) Participating Agencies

All the media postings described minimal commitment to ICE, with the Sheriff stressing new work was restricted to the jail only. His correctional officers would now simply serve ICE warrants on incarcerated persons directly he said, rather than as in the past notify ICE to do so (see WIVT/ABC report).

This is at best disingenuous.


Ask the obvious question: if jail officers are simply serving a warrant, why are eight to ten needed? Why send them  off for training and issue them ICE credentials to be carried at all times? And what does the loss of eight to ten officers—ICE does not cover their salaries—do to the staffing of the jail and the county budget? Do we hire more officers?

Take a look at the details of ICE’s Memorandum of Agreement for the Warrant Service Office Program and many more questions arise.

  • Should the county be handing over the supervision of its officers to ICE as required (“Immigration enforcement activities conducted by participating LEA [local law enforcement agency] personnel will be supervised and directed by ICE”)?
  • Who ensures that the Sheriff’s deputies follow mandated “DHS and ICE policies and procedures” (and what are these?)?
  • Are ICE supervising officers now stationed locally, in the Sheriff’s offices?
  • What is the new chain of command?
  • Who hires and pays for new expenses in addition to officers’ worktime for ICE, e.g. required interpreters? (“Qualified foreign language interpreters will be provided by the LEA” (note that none are available in the jail))
  • And is anyone comfortable with the requirement that the county will give ICE unhindered “access to appropriate databases, personnel, individuals in custody and documents”?

There is of course no oversight of the jail in any of these areas. The County Executive and legislators haven’t said a word. It isn’t clear they were informed or signed off on the commitment to ICE.

Follow the Money?

And who wins and loses not just politically but financially from these arrangements? Here is a clue: as several news reports tell us, the Sheriff ‘anticipates renting out beds in the jail to ICE’. This is in fact a longstanding practice: the 2025 Broome County budget reports $1 million in revenue (2023) from incarcerating on average 25 persons daily for Federal government agencies including ICE. Does this make sense? It now costs over $100,000 per year to keep one person in the jail while the Federal government pays only $40,000 ($1,000,000 divided by 25 = $ 40,000 per person).

Is the intention to increase these numbers driven by ICE’s need for detention spaces? We don’t know. Designed to hold 600 persons, the jail now regularly has around 300 local persons on any given day. If ICE arrests and detentions aided by local officers escalate, what will happen to jail staff workloads, morale, the health and safety of staff and the incarcerated? And the county budget? No approvals appear for new commitments to ICE on the list of county legislative resolutions for the past several months.

Disappearing People?

A hallmark of a movement toward an authoritarian regime is the use of state power to arrest and disappear persons. And now this is happening in the United States—and Broome County. Persons detained under Federal auspices and held in the Broome County jail simply disappear from sight. They are not reported or able to be located on the Sheriff’s App roster, the Federal Bureau of Prisons locator, the ICE locator, or the national VINE search sites. Take the case of an undocumented worker arrested far outside the county, and sent here by Federal authorities on charges for illegal entry only. He’s held for almost a year in our jail, where he is officially invisible, unseen and unheard, locked out of sight to family and friends and allies even after being sentenced.

And others more recently captured in Federal/ICE raids? This past month local media reported that a local massage parlor was raided by a joint task force of the FBI and State Police. Attempts by WBNG/CBS and WIVT/ABC to cover the story were rebuffed, no comment was the response from the FBI. I witnessed part of the raid, involving over dozen marked and unmarked police vehicles and officers—including people wearing HSI/homeland security vests. Who was detained? Sex workers (undocumented?) or sex traffickers? We don’t know, they have been disappeared. Reports from persons in the county jail suggest five Asian woman were kept there for a day and then moved on by ICE. True? Other unconfirmed reports speak of Asian men held briefly in the jail. How would we know? Who in the county or state government knows? Will they too be sued?

What’s next?

In his statements to the press the Sheriff holds open the prospect of expanding his work ‘in the near future’ by assigning deputies to conduct ICE investigations and detentions outside the jail, on the streets and roads of the county. Given his longstanding support and friendship with Trump, this is likely.

For the county this threatens not just a legal and moral morass but potentially a financial one. The County Budget Director and County legislators already fear Musk’s efforts will lead to the loss of an estimated $142 million in federal funding, not including Medicare, Medicaid, SNAP. Perhaps they are holding out the hope that some of this threatening fiscal cliff can be offset by at least a few millions of the $175 billion to be devoted to ICE?

A more likely prospect is diverting to the jail the results of increasing hunger and homelessness across the county, initiated by severe cuts to federal support of central NY food pantries. Under these conditions a return to the past looms and the jail—already the largest substance use and mental health treatment center in the county—can easily become, as in the past, the county poor house.

Hold on to your hats–and watch for the impact on our streets and roads and in our homes.


Broome County Alms House 1876

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