Erie County Council Ordinance Seeks to End ICE Detentions at Prison

Erie County Council considers an ordinance to end housing ICE detainees while retaining the U.S. Marshals contract.
US Capitol Building during spring bloom regarding Erie County ICE detentions US Capitol Building during spring bloom regarding Erie County ICE detentions
By MDL.

Executive Summary

  • Councilman Jim Wertz authored an ordinance to remove ICE from the county prison contract.
  • The proposal would stop the housing of detainees held solely on civil immigration grounds.
  • The contract with the U.S. Marshals Service for federal criminal detainees would remain intact.

The Erie County Council is set to review a proposed ordinance that would terminate the county prison’s role in housing federal immigration detainees, effectively severing the facility’s relationship with U.S. Immigration and Customs Enforcement (ICE). The measure aims to alter the terms under which federal detainees are currently held at the local facility.

Democratic Councilman Jim Wertz authored the legislation, which addresses the county’s longstanding contract with the U.S. Marshals Service. According to the proposal, the existing agreement was amended in recent years to include ICE as an authorized user, thereby allowing the prison to house individuals detained on immigration matters.

The ordinance seeks to recall that specific amendment. If enacted, the measure would prevent the county from housing individuals detained solely on civil immigration grounds. However, the proposal explicitly leaves the original contract with the U.S. Marshals Service intact, ensuring that the facility will continue to house federal criminal detainees as required by the agreement.

Legislative Impact

This proposal marks a potential pivot in administrative policy for the Erie County Prison, establishing a clear delineation between civil immigration enforcement and criminal detention. By moving to dissolve the ICE amendment while preserving the U.S. Marshals contract, the council is defining the precise limits of local cooperation with federal agencies. This legislative adjustment highlights the operational complexities local governments face when managing multi-jurisdictional detention agreements and prioritizes the separation of civil and criminal custody populations.

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