NY sheriff who released violent illegal immigrant may find himself a target of DOJ investigation for defying federal immigration law

TOMPKINS COUNTY, NY - Last week, Law Enforcement Today reported on Tompkins County Sheriff Derek Osborne, whose office released a violent Mexican illegal alien who was picked up on assault charges by Ithaca, New York police, despite Immigration and Customs Enforcement (ICE) having a detainer on him. 

Now, the Trump Department of Justice is examining the circumstances surrounding the release of Jesus Romero-Hernandez, 27, who, despite pleading guilty to third-degree assault charges, was released pursuant to New York’s “sanctuary status.” Fox News reported. Romero-Hernandez was picked up days later by the US Marshals Service. 

Emil Bove III, acting deputy attorney general, said that the US Attorney for the Northern District of New York is examining the “failure” of Osborne, a Democrat. 

“Yesterday, despite the warrant, a defendant with no legal status and a history of violence was released into the community,” Bove said in a Jan. 30 release. “Federal agents risked their safety and pursued the defendant in unsafe conditions.” 

Bove later highlighted “the US Attorney’s commitment to investigate these circumstances for potential prosecution,” setting up a showdown between federal agencies and local sanctuary policies, which have been touted in Ithaca.

The city is home to Cornell University, which further highlighted the apparent folly of Romero Hernandez's release. 

“The Justice Department will not tolerate actions that endanger law enforcement and make their jobs harder than they already are, as they work to protect us all,” Bove said. “We will use every tool at our disposal to prevent sanctuary city policies from impeding and obstructing lawful federal operations designed to make America safe again and end the national crisis arising from four years of failed immigration policy.” 

Bove noted that Syracuse's US Attorney’s office promised “to investigate these circumstances for potential prosecution.” 

The sheriff’s office, however, disputes Bove’s accounting in a statement to Fox News Digital, calling it “false and offensive,” noting that Osborne “acted consistently” with local and state policy. 

“There was no interference with federal immigration enforcement efforts,” the sheriff’s office said. “DOJ’s assertion that the Tompkins County Sheriff did anything to put federal law enforcement officers in danger is false and offensive.

“The safety of all law enforcement is our top priority. In contrast, Immigration and Customs Enforcement (ICE) were notified of when the individual in question was going to be released and had every opportunity to come to the jail to obtain the individual in question without any need for a pursuit or other incident.” 

According to Fox News Digital, the Tompkins County Sheriff’s Office and the Ithaca Police Department operate in sanctuary city jurisdictions. Cities so designated bar law enforcement agencies from assisting ICE. 

“In accordance with City law, IPD officers did not participate in any immigration enforcement activities,” the City of Ithaca said in a statement. In fact, the Ithaca City Code expressly prohibits their police department from assisting federal immigration authorities, saying the department’s primary responsibility is addressing local criminal activity, not immigration status. 

During the first Trump administration, Ithaca was one of numerous cities that signed an amicus brief opposing a 2019 Trump-era policy that would cut federal funding to sanctuary cities that violate immigration policies. 

According to Elizabeth Ricci, a partner at Rambana & Ricci and adjunct professor of immigration law at Florida State University, told Fox News Digital that ICE must act within 48 hours to take custody after a suspect has been cleared of state charges. 

“A federal warrant is dictated by the federal, not state government,” Ricci said. “If they’re not released in 48 hours, a habeas lawsuit against the entity holding the individual could ensue.” 

She noted that local authorities could conceivably be sued by state attorneys general if an illegal alien released into the US later commits a crime. 

Meanwhile, Hector Quiroga, an immigration attorney in Washington State, told Fox News Digital that local authorities have a “responsibility” to cooperate with federal immigration authorities. 

“Especially if there is a federal arrest warrant, Quiroga said. “Under the Immigration and Nationality Act (INA) and various Trump administration executive orders, local agents may be required to detain a person under an ICE detainer, which is a request for additional detention by the federal agency. The federal immigration-related arrest warrant, if one exists, must be served by local arthritis, provided they are properly informed. 

“If the individual is in custody for a state crime but has a federal arrest warrant related to their immigration status, local authorities may detain the individual further while arranging for a transfer to federal authorities for arrest and possible deportation. However, it is important to note that how local authorities handle these situations varies depending on city or county policies and executive orders implemented by the Trump administration. For example, if a city is a ‘safe-haven’ or ‘sanctuary city,’ it may not honor ICE detainer requests and release the individual after serving state charges, which could lead to conflict with federal authorities.” 

Fox News obtained a memo in which Bove issued a national directive directing prosecutors to investigate state or local officials who obstruct immigration officials. 

The memo outlines that the Supremacy Clause, written into the Constitution and other authorities, “require state and local actors to comply with the Executive Branch’s immigration enforcement initiatives” and that it is against federal law for state or local officials to defy lawful immigration policies. 

“The Justice Department will not tolerate actions that endanger law enforcement and make their jobs harder than they already are, as they work to protect us all,” Bove said. “We will use every tool at our disposal to prevent sanctuary city policies from impeding and obstructing lawful federal operations designed to make America safe again and end the national crisis arising from four years of failed immigration policy.” 

The arrest of Romero-Hernandez, occurring in the same community where Cornell University is located, serves as a reminder that Jose Ibarra, who raped and brutally murdered nursing student Laken Riley on the campus of the University of Georgia, spent time loitering around the campus before committing the heinous murder. 

“Potential dangers exist everywhere, but especially on campus in sanctuary cities as most are open campuses where outsiders can enter either on foot, bicycle, or by vehicle,” Patrick McCall, a security expert at McCall Risk Group, told Fox News Digital. “A lot of time, they can blend in with students and go undetected either on or off campus. Reports show Jose Ibarra, who was found guilty in the death of Laken Riley at the University of Georgia, was on and off campus numerous times before the murder and was suspected of looking for females.” 

Adam Gonzalez, CEO of Hyperion Services LLC, echoed McCall’s statement, noting that schools must invest in student safety given increased security concerns. 

“This will undoubtedly be a costly undertaking, but it is one that universities cannot afford to overlook, given the risks to students, faculty, staff, and the institution’s liability,” he told Fox News Digital.