Islip, NY Immigration Policy: Sanctuary Policy Preemption (2026)
Key Facts
- Governing law
- Wells v. DeMarco (2d Dept 2018)
- Islip sanctuary ordinance
- None enacted
- ICE civil detainer holds
- Not authorized by NY law
- Jail operator
- Suffolk County Sheriff, Riverhead
- 287(g) agreement
- None with the Sheriff
Summary
The Town of Islip has no sanctuary law of its own, but binding New York appellate law controls: local police and the Suffolk County Sheriff cannot hold anyone on an ICE civil immigration detainer, because state law authorizes arrests only for crimes.
we conclude that New York state and local law enforcement officers are not authorized by New York law to effectuate arrests for civil law immigration violations. ... Since the administrative warrant issued by ICE was not issued by a judge or a court, the Sheriff lacked New York statutory authority to effectuate an arrest pursuant to the ICE warrant.
Full Breakdown
The Appellate Division, Second Department, which covers Suffolk County, ruled in People ex rel. Wells v DeMarco that New York statutes let police arrest only for crimes, and illegal presence is a civil matter. An ICE detainer and administrative warrant, signed by an ICE officer rather than a judge, give the Suffolk County Sheriff no authority to hold someone past their release date. Islip has enacted no local sanctuary ordinance, and the Town runs no jail; the county Sheriff operates the Riverhead facility and Suffolk County Police patrol Islip. In November 2025 a federal jury ordered Suffolk to pay $112 million for detentions between 2014 and 2018.
Violations & Fines
Holding someone solely on an ICE detainer past their lawful release date is an unlawful arrest under the Fourth Amendment and New York law; Suffolk County paid a $112 million jury verdict for doing exactly that.
Frequently Asked Questions
Is Islip a sanctuary city?
Who enforces immigration detainers in Islip?
Sources & Official References
Other rules in Islip
New York rules heatmap·Compare Islip to another location·View the New York immigration policy overview
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