In Upstate New York, within 100 miles of the border, ICE has been asking local law enforcement to violate state law and has itself violated Federal law. The courts are putting the brakes on that, but slowly.
The Cheektowaga police complied with that ask from ICE, which a court has now found to be wrong. A legal, law-abiding upstate resident was incarcerated for over a year as a result of these illegal actions. As upstate citizens, we need to make sure that our sheriffs are able to stay on the right side of the law, protecting the residents of their counties. Most sheriff departments see that as their mission. We also need to make sure our county legislators back local law enforcement's desire to do the right thing.
In short, the Cheetowaga police violated the state law that applies to them and ICE violated Federal law pertaining to due process.
Here are some of the details from his attorney.
>J.M.A. fled political persecution in Cuba for his anti-Communist beliefs and came to the United States in 2023. He applied for lawful permanent residence status under the Cuban Adjustment Act and received work papers and a social security number. But in February 2025, J.M.A. was falsely accused of a petty crime – the charges have since been dismissed – and was turned over by Cheektowaga police to ICE, in violation of state law. Despite being neither a flight risk nor a danger to the community, he remained locked in the notorious Batavia detention center for 13 months.
ACLU sought J.M.A.'s release, and today he is free and at home with his family.