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NYS Sheriffs will not hold illegal inmates
The New York Sheriffs Association has advised all its departments to refuse to help any illegal inmates past their release dates.
Wayne County Sheriff Barry Virts said he has already put the new policy in place. Just because they think we should do something, I cant violate the law to do their circumstances, Virts said its a preemptive move to protect the county from a lawsuit.
Virst said, Im going to continue hold you in jail on a court order from another jurisdiction when I have no court order from a judge saying a have the right to secure you in the Wayne County Jail.
In other states, courts ruled that a detainer from Federal Immigration and Costumes Enforcement Agency did amount to a court order, its simply a request.
If they put out that request when the person gets released come and get them, if everyone does their job no one hits the streets, said Virts.
The sheriff met with immigration investigators to come up with a new system to go along with the jails new policy. We notify them well in advance when the inmate is going to be released they come pick them up, everybody does their job, zero people are going to be released into the community that are interested by law enforcement.
Virts said if picked up on time, the detainee is taken into custody in the booking room, so he or she never leaves the confines of the jail.