Immigration law draws fire from police group’s boss

NEW PALTZ, N.Y. >> Mid Hudson Police Chiefs Association President Joseph Sinagra is troubled by a New Paltz town law that hinders the access of federal immigration authorities to persons in custody.

Sinagra said Monday that the provision appears to violate constitutional law.

“We, as police officers, take an oath to uphold the laws, the Constitution of the state of New York and the Constitution of the United States of America,” he said. “If Immigration and Customs Enforcement comes in and says ‘you have someone in custody and we want to talk with them for the sole purpose of determining their status in this country for possible deportation,’ for you to deny them access to that person is wrong.”

Town Board members last week adopted a lo-

cal law that prohibits New Paltz police from cooperating with federal officials unless required through judicial warrants and detainers.

Police also are not allowed to “stop, question, interrogate, investigate or arrest an individual based solely on ... actual or suspected immigration or citizenship status.”

New Paltz police can respond to a “civil immigration detainer” from federal authorities for up to 48 hours if the request is accompanied by a judicial warrant. In the absence of a warrant, town police can detain someone if there is probably cause to believe the person has re-entered the country after being removed and has also been convicted of a felony.

New Paltz Supervisor Neil Bettez said the law is intended to keep people from being improperly interrogated and protects the town from responding to federal officials without a legal basis.

“We will be a town that honors the Fourth and Tenth amendments (to the U.S. Constitution),” he said.

The Fourth Amendment protects against unreasonable searches and seizures, requiring a warrant based on probable cause.

The Tenth Amendment reserves to the states or the people those rights not expressly delegated to the United States.

However, Sinagra, who is also Saugerties town police chief and Ulster County Police Chiefs Association president, said preventing immigration authorities from access to someone in custody amounts to obstructing a federal investigation.

“That’s the problem I have when you start declaring yourself ‘sanctuary’ — somewhere along the line you’re overstepping your authority,” he said.

Sinagra said he would cooperate with federal authorities if asked for information

“That’s the problem I have when you start declaring yourself ‘sanctuary’ — somewhere along the line you’re overstepping your authority.” — Mid Hudson Police Chiefs Association President Joseph Sinagra

about specific individuals.

“If they come in and say they’re conducting an investigation regarding the possibility that there’s an operation going on, ... I would turn that over if we had that,” he said. “We would check our records management system, which is a public record, and say ... these are the dealings we’ve had with these individuals . ... It might be a cell number, an address, a date of birth.”

Sinagra said some of the town law is well written and provides legal justification on when police can work with federal authorities.

“I like a lot of it,” he said. “A lot of it is good (and) very clear.”

However, Sinagra contends the town law involves aspects on interactions with the public that are not part of routine police activity. He said asking for a person’s immigration status is not part of traffic stops or calls for assistance.

“No police agency (has) ever done that,” he said. “That’s why I’m saying ... this is more political pontification to me.”