ROCHESTER, N.Y. – Rochester Police Chief David Smith sent a letter to his officers after the Border Patrol incident that put officers and the department in hot water. In the letter, the chief doesn’t apologize to or for his officers but writes that they were put in an “untenable” position when they were called for help.

The chief writes the officers that went to the scene of the Border Patrol stop were “acting in good faith.” RPD was called because Border Patrol called in an emergency. The chief writes the officers instinctively felt the need to “step in and step up.” But it’s against city policy for RPD to handle any immigration arrest.

The chief writes RPD “was placed in a difficult position of having to take the lead role of coaxing the occupants out, a task that should have fallen to the responsibility of the Border Patrol or HSI.” HSI is Homeland Security Investigations. The chief writes both agencies “ceded authority to the officers of the RPD, further placing our agency in an untenable position.”

News10NBC’s Chief Investigative Reporter Berkeley Brean met with the executive vice president of the police union.

Berkeley Brean, News10NBC: “Do you think the officers were put in an impossible position when they got called to that scene?”

Paul Dondorfer, Exec. V.P. Locust Club: “Not an impossible position but they were put in a difficult spot for sure.”

“They went there. Their uniform presence deescalated the situation and allowed for a peaceful resolution to that,” Dondorfer said. “And then they walked away. They didn’t inquire their names. They didn’t inquire their immigration status. None of that was done. All they did was simply show up. Their presence was enough to get them to come out of the car after talking to them for a couple of minutes and then they left. “

Border Patrol and Homeland Security have not answered any of News10NBC’s questions on this case. City policy says RPD can provide back up to any police but cannot get involved in immigration arrests. Last week the chief ordered re-training to the officers at the scene.

He writes “I laud our accomplishments on a daily basis, but it is also my job at Chief of this agency to take corrective action when it comes to my attention in a thoughtful and measured manner.”

The chief says he reached out to the leadership of the Border Patrol and Homeland Security so that they clearly understand what the RPD officers can and cannot do.

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