TLDR: Buffalo Mayor Sean Ryan issued an executive order prohibiting city personnel and resources from supporting federal civil immigration enforcement. The order does not prevent ICE from operating in Buffalo, but ensures the city will not assist with civil immigration actions unless a valid judicial warrant requires it. Criminal law enforcement cooperation continues unchanged. The goal is to protect all residents’ access to city services without fear, regardless of immigration status.
Understanding Mayor Ryan’s Executive Order on ICE
On his first day in office, Buffalo Mayor Sean Ryan issued an executive order that addresses how the city interacts with federal immigration enforcement. This policy change has raised questions among Buffalo residents, businesses, and immigrant communities about what it means for public safety and local government operations.
What the Executive Order Actually Does
Mayor Ryan’s executive order establishes three key restrictions on city operations related to federal immigration enforcement:
- Bars city resources from supporting civil immigration actions. City staff, funds, and equipment cannot be used to assist Immigration and Customs Enforcement (ICE) with civil immigration enforcement activities, such as executing removal orders or detaining individuals based solely on immigration status.
- Prohibits collection of immigration status information. City employees are prohibited from asking about or collecting information regarding a person’s immigration status unless specifically required by law.
- Restricts facility access without proper warrants. Federal immigration agents cannot access non-public city facilities unless they present a valid judicial warrant signed by a judge.
The order also requires annual reporting of all requests made by federal immigration authorities and mandates training across city departments to ensure compliance.
Why Mayor Ryan Issued This Order
The timing of this executive order is directly related to increased ICE activity across the country, particularly in response to recent immigration enforcement operations in Minnesota and other states. City officials believe this heightened enforcement activity has created fear and confusion among residents, including U.S. citizens and lawful permanent residents.
The mayor’s office has expressed concern that fear of immigration enforcement may prevent residents from:
- Reporting crimes to police
- Calling the fire department in emergencies
- Seeking help at City Hall
- Accessing essential city services
The executive order aims to ensure that all Buffalo residents, regardless of immigration status or country of origin, can interact with local government and access city services without intimidation or fear.
What the Order Does NOT Prohibit
It’s important to understand what this executive order does not do. The restrictions apply only to civil immigration enforcement, not criminal investigations.
- The city will continue cooperating with federal, state, and local law enforcement on criminal matters. Buffalo police will still work with federal authorities on criminal investigations, public safety threats, and other law enforcement activities.
- Buffalo will comply with all applicable laws. The city is not refusing to follow federal law. Instead, it is exercising its discretion about how local resources are allocated and used.
- Federal immigration enforcement can still operate in Buffalo. ICE and other federal agencies retain their authority to conduct immigration enforcement operations within the city. The executive order simply states that Buffalo will not dedicate city resources to assist with these civil enforcement actions.
Civil vs. Criminal Immigration Enforcement: What’s the Difference?
Many people are confused about the distinction between civil and criminal immigration violations. Understanding this difference is key to understanding Mayor Ryan’s executive order.
Civil Immigration Violations
Civil immigration violations result in removal (deportation) or fines, but not jail time. These include:
- Overstaying a visa
- Being present in the United States without documentation
- Violating the terms of a visa status
These are civil administrative matters handled through immigration courts, not criminal courts.
Criminal Immigration Violations
Criminal immigration violations can result in jail time and are prosecuted through the criminal justice system. These include:
- Illegal entry without inspection (criminal prosecution under 8 USC 1325)
- Illegal re-entry after removal
- Immigration-related fraud
- Human smuggling or harboring
Buffalo will continue to cooperate with federal authorities on these criminal matters.
Is This Executive Order Legal?
State and local participation in federal civil immigration enforcement is generally voluntary under federal law. This means Buffalo can choose whether or not to use its resources to assist ICE with civil enforcement matters like removal orders.
The exception would be if a judicial warrant requires the city’s assistance. In that case, Buffalo would comply with the warrant as required by law.
The executive order does not interfere with federal immigration enforcement itself. It simply establishes that Buffalo will not use local taxpayer-funded resources to support civil immigration enforcement activities. This distinction is important: federal authorities retain full authority to conduct immigration enforcement in the city, but they must use federal resources to do so.
Buffalo will continue to assist with criminal law enforcement matters, which ensures public safety remains a priority while respecting the boundaries between local and federal responsibilities.
What This Means for Buffalo Residents
For most Buffalo residents, this executive order simply clarifies that city services remain accessible to everyone regardless of immigration status. Whether you need to report a crime, call 911, visit City Hall, or access city programs, you can do so without fear that city employees will inquire about your immigration status or share that information with federal immigration authorities.
For the immigrant community, this policy provides reassurance that interactions with local government will not trigger immigration consequences. However, it’s important to understand that federal immigration authorities can still conduct enforcement operations in Buffalo using their own resources and personnel.
If you have questions about how this executive order affects you or your family, or if you need guidance on immigration matters, consulting with an experienced immigration attorney can help you understand your rights and options. Click here to book a consultation with Berardi Immigration Law today.
Understanding Your Rights Under This Order
Mayor Ryan’s executive order represents a policy decision about how Buffalo allocates its local resources. By declining to use city personnel, funds, or facilities for civil immigration enforcement, Buffalo joins other municipalities that have established similar boundaries between local government operations and federal immigration enforcement.
The order does not prevent federal authorities from conducting immigration enforcement in the city, nor does it limit cooperation on criminal law enforcement matters. Instead, it clarifies that Buffalo’s priority is ensuring all residents can access city services and interact with local government without fear, which city officials believe strengthens public safety for the entire community.
If you have questions about immigration law, your rights under this executive order, or how recent policy changes may affect you or your business, the experienced attorneys at Berardi Immigration Law are here to help. Contact us today for a consultation.
Frequently Asked Questions
Q: Why did the Mayor issue this executive order?
A: The mayor believes this policy helps reduce fear among all residents and keeps lines of communication open between community members and city services. When people fear immigration consequences from routine interactions with local government, they may avoid reporting crimes, seeking emergency help, or accessing services they need. This can undermine public safety for everyone.
Q: Is Buffalo refusing to work with federal authorities?
A: Not exactly. The city continues cooperating fully on criminal matters and public safety issues. This order only restricts using city resources to assist in civil immigration enforcement. Federal immigration authorities can still operate in Buffalo using their own resources.
Q: Could the city face legal consequences for this order?
A: Cities have discretion over their own resources, and cooperation with federal civil immigration enforcement is generally voluntary under current law. This executive order stays within that authority. The city is not preventing federal immigration enforcement from occurring in Buffalo or refusing to comply with valid judicial warrants.
Q: How will the city ensure departments follow this order?
A: The executive order includes training requirements for city employees and mandates annual reporting of all federal immigration authority requests. This helps ensure consistent implementation across all city departments and provides transparency about how the policy is working in practice.
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