Commentaries on Local Justice by Bill Martin

Tag: ICE

Trump’s Deportation War: NY Sheriffs to the Rescue?

Trump ran his campaign on the promise to deport millions of migrants, refugees, and asylees. How is he doing?

So far, it’s bluster and a mad scramble to hit deportation targets. At present rates there is no prospect of deporting a million, much less the millions promised throughout Trump’s 2024 campaign. Trump isn’t happy, and a relaunch is underway. What does Immigration and Customs Enforcement (ICE) need to fulfill Trump’s fevered deportation dreams? $ Billions more, yes, but in New York it all rests on local law officers, especially county sheriffs.

The opening salvos in Trump’s deportation drive were impressive: the Laken Riley bill, passed with the support of 48 Democratics, turned accusations of minor crimes such as stealing diapers, a slice of pizza, or squatting in an empty building into criminal, deportable convictions. More eye-catching were made-for-TV spectacles of ICE teams dispatched into their feared zones of “sanctuary” cities. In Chicago it was Dr. Phil traipsing after ICE officers with a media posse in tow, in New York City it was Homeland Security Secretary Kristi Noem riding along with bulletproof-vested officers into the heart of the Bronx. Then came the attack on the international students at visibly elite universities, from Mahmoud Khalil at Columbia to Momodou Taal at Cornell.

Meanwhile proclamations issue forth announcing the termination of longstanding immigration agreements and regulations, turning people with residential status into illegal criminals. One after another Trump and his appointees announced the elimination of birthright citizenship, asylum appointments, refugee admissions, temporary protect status, parole granted to Haitians, Cubans, Nicaraguans, and Venezuelans among others, and student visas and green cards.

Yet the results to date have been thin. Planned before Trump came into office, the lurid big raids that produced nearly 2,000 ICE arrests a day in late January fell away. ICE’s easy target lists are empty. By mid-February arrests had fallen to fewer than 600 per day, far below the 2700 needed to reach one million a year. ICE stopped reporting figures. Kristi Noem removed top law enforcement officers at ICE. In Trump’s first term total deportations reached 1.5 million, half as many as in Obama’s first term. The latest March data show that at the current pace it’s hard to imagine these levels ever being reached.

Will Sheriffs Ride to the Rescue?

A baseline flow of deportations does continue from the everyday and unnoticed arrests conducted by city, county, and state law enforcement officers. Stop someone on a highway or a city street and hold them for a misdemeanor, and their fingerprints can be taken and made available to ICE databases as part of the booking process. Any success by ICE in driving deportation numbers exponentially upward depends however on a radical change in local police support. County sheriffs and city police officers would need to take on the grinding task of seeking out and arresting those wanted by ICE and holding them in county jails.

It is this imperative to mobilize local police that led to the dropping of Federal corruption charges against New York City Mayor Adams: it is access to the files and cells of Rikers Island that ICE needs most. And Trump’s much publicized threat to prosecute the Sheriff of Tompkins County, home to Cornell University and Ithaca, one of New York State’s few “sanctuary cities”? His crime: releasing an undocumented man after his sentence was served.

Yet New York’s local police and sheriffs already cooperate readily with ICE. ICE was told of the Ithaca man’s pending release and given every opportunity to obtain him but failed to do so. New York Governor Hochul, New York City Mayor Adams and local police chiefs and county sheriffs regularly state they do report to ICE undocumented persons that fall under their control. What ICE wants is much more. But how to entice or force sheriffs and local police chiefs to submit to the direct supervision of ICE and reallocate their officers to some or all of the ICE tasks of searching out, capturing, arresting, housing and transporting more migrants, refugees, and asylees?

Relaunching the 287(g) project

Homeland Security has long tried to bind together sheriffs, city police, and ICE. Since 1996 the 287(g) program has allowed Homeland Security to train and deputize local officers to identify, process, and detain undocumented persons. The most infamous example remains Maricopa, Arizona Sheriff Joe Arpaio’s use of 287(g) authority to racially profile and illegally detain Latinos, for which he was convicted in 2012 only to be pardoned by Trump in 2017.

The majority of sheriffs, county governments, and police have rejected such alliances, fearing the loss of control over their own forces, the hostility and noncooperation of their own poor and migrant residents, and lawsuits over racially and ethnically discriminatory stops and arrests. Fewer than 100 of the over 15,000 local police and sheriff’s offices participated at the end of Trump’s first presidency. As 2025 dawned, only one of New York’s 62 counties, Rensselaer, had a 287(g) agreement with Homeland Security.

The new administration promises to do better. On January 20th Trump issued Executive Order (EO) 14159, Protecting the American People Against Invasion, authorizing ICE to expand and enforce 287(g) authorizations. Several states including Georgia and Florida are moving to require all local law enforcement agencies to participate. New 287(g) models now exist for three modes of engagement: training local officers to take on full ICE duties and powers, participation in multi-agency deportation task forces, and housing ICE detainees and enforcing ICE powers in local jails. The returns so far are mixed. New cities and counties have joined, largely from southern and western states, most notably Texas and Florida.

And New York? In February Nassau County signed a 287(g) agreement, setting aside 50 jail cells for migrants and deputizing 10 detectives to make immigration arrests outside the jail. The New York Post, ever agitating for more law and order, enthusiastically promoted the model: “Rensselaer and Nassau—the only two New York Counties that partner with ICE so closely—provide blueprints for local leaders statewide.” In February 2025 one more joined the effort, the Lake Placid police department (although it has since disappeared from online listings). In March 2025 the Broome County Sheriff, long a Trump supporter, announced he would participate in the Warrant program but only to serve ICE warrants on persons already in his jail.  The other 59 of 62 New York counties remain outside the program as do city police forces. It’s a slow pace. Diverting local officers to ICE duties and supervision still remains, it seems, unattractive in both urban and rural counties.

Follow the Detention Money: $ Billions

Trump’s not giving up: attacks on migrants remained the centerpiece of his recent speech to Congress. What is needed to turn this around seems to be cold hard cash. “Border Czar” Tom Homans tells Congress ICE is out of money and he needs more money, more agents, and soon. Republican budget bills propose up to $175 billion for immigration and border enforcement; ICE’s entire budget in 2024 was $8.5 billion. But will even a fraction of the promised billions make the difference in locating, detaining, housing, and deporting people?

The problem is not detention space, not with the funding on offer. The are plenty of empty public and private prisons, county jails, military bases, and even college dormitories. Jails are particularly attractive as staffed and approved incarceration spaces, and jail populations have fallen significantly. And sheriffs, unlike police chiefs, are independent operators, largely free from external controls. They cannot be recalled. Many have long been Trump supporters. Many sheriffs have long had Intergovernmental Service Agreement contracts to incarcerate persons for the United States Marshals Service (USMS) and ICE (e.g. Broome, Tioga, Albany counties). In 2018 USMS paid local jails $1 billion to hold pretrial detainees, while ICE paid $340 million to detain migrants.

In New York it has been a steady revenue stream for county budgets. As the Sheriff of Albany county put it in 2018, “When we bring boarders in that offsets the cost of the county jail. The county jail for Albany is about $40 million, so this year I’m anticipating bringing in about $8 million so obviously that’s going to drop the tax burden on the taxpayers;” $4.5 million of that was for ICE detainees. Federal prisoners and detainees occupy over half the cells of the Yates County jail in New York’s Finger Lakes region in 2025. The 2025 Livingston County budget openly proclaims “The jail is still a revenue generator for the county.” In larger counties like Broome along the State’s Southern Tier—with the highest incarceration rate of any of the state’s 62 counties—holding a few dozen persons on Federal charges generates a $1 million or more per year for the Sheriff.

How many of these migrants, asylees, and undocumented persons are and might be held in jails? We don’t know. For years the Transactional Records Access Clearinghouse has studiously collected and disseminated detention data, only to be stalled momentarily after Syracuse University removed its files from University servers. It is now available via a new independent home. Its latest report concludes it is impossible to determine who is being arrested, targeted, and deported and as for the future “just what will actually occur remains uncertain.”

Disappearing People

And now more people simply disappear as 287(g) agreements expand. Under previous Biden and Trump regimes undocumented persons were already often held on Federal criminal, rather than ICE charges. This literally disappears people as I found out when a dairy farmworker wrote to me upon the advice of an incarcerated man in a county jail.  I could not find him in local sheriff’s listings, ICE detainee locators, or Federal Bureau of Prisons locators. He didn’t exist. Removed and dispatched far from his family he had become, as in so many in authoritarian regimes, isolated and alone, invisible, living in a caged space hidden from family, friends, and allies.

Cross the northern, Canadian border, or even worse in the eyes of Federal and ICE authorities, assist someone to do, and one is sentenced to one or more years in a Federal prison. Sitting in a Federal courthouse in February I watched as the diminutive dairy farm worker, shackled at the waist, hands, and feet, stumbled into the courtroom. His employer sent a letter praising his high skill levels and valued labor. He testified he had come back to the US to see his sick wife and to be a good father to his children. To this the Federal judge violently denounced him and sentenced him to over a year in a Federal prison—after which will be deported to Guatemala. Back to the Broome County jail he went, to be transferred 3 weeks later to the Delaware County jail, where now sits awaiting transfer to a Federal prison. Yet this is no model for increasing deportations.  As a Federal Public Defender told me, if we take these cases to trial the (Federal) court system will collapse.

More insidious and hidden is the incipient formation of New York’s very own gulag archipelago as persons captured for deportation are diverted and fed into an ICE transportation network. One node is Broome County jail, where people arrested in central, northern and the southern Tier regions are now being transported. New York has only one detention center in New York State in Batavia near Buffalo with a capacity of 650. Reports from inside the Binghamton jail recount a constant inflow of ICE detainees into and then outward by bus loads to the ICE detention center in Boston.

How many are crisscrossing the state? Local Broome activists estimate over 100 persons have circulated through their jail in only a few weeks, most likely the results of a series of ICE raids across Buffalo, Rochester and the far North that captured over 130 persons. Cells in the Broome jail now have double bunking with multiple pods of 50 people being dedicated to ICE and other Federal prisoners. Why Broome? Expanded in 2016 to cage 600 persons, the jail in the last several years has regularly held half that number of local residents and is fully equipped with disciplinary and medical units. Lacking any records of admissions, we and their families do not know what charges persons are held on, when and how long they are housed, and where they are headed to within New York, the United States and beyond. Disappearing people has now been institutionalized.

Still, this level of cooperation between Federal, state, and local law enforcement remains unable to generate the numbers that Trump demands. What ICE needs is officers to search out individuals on a massive scale, and there are only 5,500 trained ICE agents around the county. New York State alone has over 55,000 officers employed by cities and counties. Will political pressure from Trump, vast sums of money, and threats to cut Federal funding alter the calculations of county sheriffs and municipal police chiefs? Will they take on the duty of searching out, capturing, arresting and housing more migrants, refugees, and asylees? Media spectacles targeted at sanctuary cities and leading anti-Trump activists will undoubtedly continue. Large scale deportation will require much more. Will the funding and political pressure be successful?

Who Fights the Sheriff?

The state trooper came up to my car, leaned in and asked: “Are you here for massage”? I fit the profile: an older white male pulling into the parking lot in front of an Asian massage parlor. He was there with a covey of FBI, Homeland Security and NY State troopers while helicopter and highway patrols lurked in the distance. I had been called out on the morning of February 27, 2025, as part of my community’s nascent rapid response team, alerted to a possible ICE raid. Any arrests had already been made and dispatched. No press releases or police reports have appeared although the raid was noted in local media; the FBI had no comment. Rumors of Asian women being admitted and kept only overnight in the local jail circulated. Without names and booking numbers, it is impossible for local jail activist groups like Justice and Unity for the Southern Tier to find them and assist.

This small incident is but one sign of the emergence of a widespread grassroot support movement across the country. New York City, a longstanding center of resistance and protest, captures the headlines. Less visible is blossoming of new groups in New York’s small and large towns, marshalling support for migrants, refugees, and asylees. Know-your-rights training workshops for migrants and allies have taken place across the state by the Immigrants’ Rights Coalitions, the ACLU, various college migrant rights clinics, the Cornel Farmworkers Project, the Rochester Rapid Response Network, and the Syracuse Immigrant and Refugees Network among others. Latin American students are rallying at colleges and universities. A statewide rapid response network is growing month by month, stretching from Batavia, Buffalo and Rochester in the west, to Syracuse in the center of the state, to Ithaca and Geneva in the Finger Lakes region, to Binghamton along the state’s Southern Tier. Advocates and abolitionists from New York City to the upstate Jails Justice Network are lobbying in Albany for the New York for All Act which would outlaw all local law enforcement working with ICE everywhere in the state. Testimony in city and county legislatures against any engagement by local sheriffs, jails, and city police forces grows. Protests against Sheriffs engaged with 287g have taken place in Binghamton, Ithaca, Rochester, Long Island, and Syracuse  among others. A townhall hosted by the Broome County Sheriff was disrupted by scores of persons protesting the Sheriff’s agreement to house scores of detainees in secret. In Sackets Harbor, population of 1400, over 1,000 marched to the home of “Border Czar” Tom Homans protesting the seizure from a dairy farm of a 3rd grader and his family. As Trump marshals his forces, so too does resistance advance. As uneven as it is, the battle has been joined.

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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