ITHACA, NY (607NewsNow) – Actions taken during an ICE arrest earlier this year may have saved Tompkins County from a lengthy legal bill.
On January 30, Jesus Romero-Hernandez, of Mexico, was arrested after his release from Tompkins County Jail for an unrelated crime.
Romero-Hernandez had been in custody for nearly a year, and ICE was aware of his hearing and likely release date. ICE was also advised that they could take custody of Romero-Hernandez at any time. The Justice Department, which had charged Romero-Hernandez on January 8 with illegally reentering the United States, criticized the county for not holding the 27-year-old.
At the time, Tompkins County Sheriff Derek Osborne said he did not have legal authority to hold Romero-Hernandez, and doing so could have exposed the county to civil action.
Tompkins County Attorney Maury Josephson says a recent judgment downstate validates that concern and shows the county was on the right track.
Additionally, Josephson says a case against the State of New York by the federal government challenging a state law prohibiting arrests within and surrounding courthouses based on administrative warrants was dismissed.
The case was thrown out on a number of grounds, including the 10th amendment, which prohibits the federal government from commandeering local enforcement authority.
Romero-Hernandez’ case garnered national attention after comments from Ohio Congressman Jim Jordan during a national immigration hearing. Jordan’s account of what happened in Tompkins County was ultimately debunked by Legislator Rich John. Sheriff Derek Osborne, who received death threats, was investigated and cleared by the New York State Sheriff’s Association.
Romero-Hernandez, who at the time of his arrest was described by then Acting Deputy Attorney General Emil Bove as a criminal alien with a history of violence, pled guilty to illegally entering the United States in March.
Listen to Tompkins County Attorney Maury Josephson’s full comment below. You can also watch the November 18, 2025, meeting of the Legislature on Tompkins County’s YouTube page.
