- After a New York Focus investigation, Cheektowaga PD held mandatory training telling officers they cannot detain people for civil immigration violations without a warrant under a 2018 state ruling.
- Records show officers repeatedly called U.S. Border Patrol during low-level incidents or ID checks, leading to at least 15 detentions in 2025 and 21 turn-overs through November.
- Residents and local officials are pushing for tighter limits on cooperation with federal immigration enforcement, including backing the New York for All Act.
- The town and department face legal and civil-rights exposure and are weighing policy changes, oversight, and transparency to rebuild trust.
Read More
In December 2025, following a New York Focus investigation, Cheektowaga PD trained its ~130 officers emphasizing that they cannot detain people for civil immigration offenses without a warrant—an explicit attempt to align field practices with the 2018 state appellate decision barring warrantless detentions for civil immigration violations.
The investigation uncovered numerous incidents in 2025 where people were detained or handed to U.S. Border Patrol after low-level offenses—many had no criminal history or the charges were minor, such as shoplifting. In particular, 21 such transfers were traced to Cheektowaga through November 2025, making it a leading local department in such cooperation.
The official policy (Lexipol-based “Immigration Violations” policy) allows officers to detain someone under criminal immigration law suspicion (e.g. illegal entry), to verify identity if documents appear suspect, and may consider lack of English proficiency as one factor—but not the sole factor—in reasonable suspicion. However, enforcement of policy has been inconsistent: detentions triggered by document distrust or accent—both potentially problematic under equal protection standards—have resulted in Border Patrol custody even when no criminal immigration violation is later proved.
Public pressure is intensifying: community members are demanding CheektowagaTown Board pass local laws to limit cooperation with ICE/Border Patrol and support state legislation like the New York for All Act, which would explicitly bar immigration status inquiries and non-mandated cooperation with federal agencies from locals.
Risks facing the police department include legal exposure from civil litigation (e.g., JMA’s lawsuit), potential state‐level penalties, and reputational and trust damage. The town is exploring restricting cooperation with ICE, but specifics remain unclear, and any sweeping restrictions must comply with state law and constitutional constraints over public safety collaboration where federal criminal offense suspicion exists.
Strategically, Cheektowaga may seek to formally define “non-mandated” cooperation, audit past cases to assess exposure, update policies to provide officer clarity, invest in oversight or transparency (e.g. publishing guidelines, logs of cooperation), and engage community stakeholders to rebuild trust.
Open questions include: How will the December training be enforced in practice? Will policy revisions limit “reasonable suspicion” criteria? Will the New York for All Act pass and if so with what language? How will Cheektowaga balance cooperation on serious criminal immigration offenses versus prohibiting civil enforcement? What legal liabilities have already accrued and what early settlements or rulings might emerge?
Supporting Notes
- Cheektowaga police called U.S. Border Patrol when encountering people they suspected to be undocumented or whose IDs seemed suspicious, leading to at least 15 such federal detentions in 2025 under circumstances later scrutinized.
- A state appellate court decision in 2018 bans local police from detaining individuals for civil immigration violations (e.g. visa overstay) without a warrant; Cheektowaga’s recent actions appeared to conflict with this precedent.
- The “Immigration Violations” policy allows detentions under criminal immigration law, suspicion about document validity, and considers—but does not allow reliance solely on—lack of English proficiency as grounds for suspicion.
- Cheektowaga PD records show 21 individuals were turned over to federal agents from January through November 2025, many on low-level charges or none at all; the majority of documented local law enforcement cooperation in Erie/Niagara counties stems from Cheektowaga actions.
- Residents at town board and public meetings urged full separation from ICE, citing civil rights, lack of clarity in existing policy, and fiscal and legal risks; Town Supervisor Nowak affirmed concerns but noted legal limits and need for balance.
- Captain Jeffrey Schmidt and Chief Brian Coons both stated the department has no formal ICE partnership (no 287(g) agreement), very limited ICE contact, and that their training and policy changes are based on guidance from the NY State Attorney General’s Office.