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Niagara Co. sheriff updates policy for ICE detainees, requiring criminal charges or warrants before holding

"We have to look at what keeps the public safe in Niagara County." - Sheriff Filicetti
Niagara County refines jail policy for federal immigration detainees
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LOCKPORT, N.Y. (WKBW) — The Niagara County Sheriff's Office has updated its policy for working with federal immigration authorities, announcing that detainees will only be held for Immigration and Customs Enforcement if there is a criminal charge or judicial warrant involved.

The policy change, which took effect January 16, means the county jail will no longer hold people for ICE based solely on civil immigration violations. Sheriff Michael Filicetti said the office is "refining" how it partners with federal immigration authorities after years of housing ICE detainees at the county facility.

"I think we're in a spot where we've struck a chord where we have to look at what is, what keeps the public safe in Niagara County. And I think by enforcing criminal law, but also when it intersects with federal immigration law, that makes sense to me that if we have criminals, I don't know who would argue that we shouldn't be looking to, if they're here legally, we're going to arrest them," Sheriff Filicetti told me.

"If somebody was in here, for instance, on any type of criminal charge and it's determined they're here illegally, they're wanted by immigration authorities, they would send us a detainer, we would notify ICE upon their release," Filicetti said.

Advocacy groups called the change overdue, pointing to a nationwide spike in ICE detention in 2025. According to TRAC Reports, nearly 74% of people held in ICE detention nationwide have no criminal conviction.

"If they're still getting scooped up and thrown into cells, and that's just not the story I want coming out of my community. We call the Buffalo area of 'the City of Good Neighbors', and if you're being a good neighbor, you shouldn't ever be punished for that," Stand Up Lockport member Zachary Parker explained.

County lawmakers said the updated policy strikes a necessary balance in immigration enforcement.

"I think it's important to have a responsible balance between supporting our federal partners and enforcing immigration law when there's a judicial order or there's a criminal nexus, but also not using the criminal jail for solely civil matters that don't implicate any public safety issues," said Chris McKimmie, a Republican 3rd District legislator for Niagara County.

Some officials hope that Niagara County's decision will become a model for Western New York.

"We do have a unique posture in that we are a border county. We have a responsibility not only to our immediate surroundings but the state of New York, and of course the interior of the United States," said Carla Speranza, a Democratic 12th District legislator for Niagara County.

For some residents, the policy change carries personal significance.

"Many of the individuals previously detained in our county jail were not criminals. Many were legal immigrants, people who had documentation, jobs, families and deep roots in our communities," Lockport teacher Dina Udell explained at the podium.

Udell recalled a story from one of her students involving an ICE arrest in February 2025.

"A pistol smashed through the driver's side window. Daisy's father and uncle were dragged out through broken glass as people inside the dental office watched in horror through a large picture window inside the dental office. In the back seat, Daisy's eight-year-old brothers at frozen beside his mother and wet his pants," Udell said.

Legal experts warned counties must carefully follow state law when implementing such policies.

"This is a big wall of serious legal concerns, some with the potential to virtually bankrupt the county and all with the potential to make Niagara County less safe," said Roxana Bacon, former chief counsel of U.S. Customs and Immigration Services.

Filicetti added that if federal partners need emergency assistance, the Niagara County Sheriff's Office would respond immediately.

The policy change comes days after Buffalo Mayor Sean Ryan outlined his firm stance on immigration enforcement efforts.

New York State law prohibits local agencies from detaining people solely for civil immigration violations, requiring judicial warrants instead.

County leaders said the goal is a lawful, transparent process and one that prioritizes safety while respecting community trust.