State senator criticizes sanctuary city policies after Rochester traffic stop sparks debate
ROCHESTER, N.Y. – New York State Senate Minority Leader Rob Ortt criticized sanctuary city policies after a video showing Rochester Police officers helping Border Patrol agents during a traffic stop sparked debate.
RPD Chief David Smith said the officers violated city policy by helping Border Patrol agents to get people outside of a van and handcuff them. Rochester has been a sanctuary city since 1986 and, under RPD’s policies, officers are not allowed to assist federal immigration enforcement.
Ortt spoke at the headquarters of the Locust Club, the union that represents RPD officers, on Friday. He defended the ten officers’ actions, saying that RPD typically helps other law enforcement agencies, such as New York State Police or the Monroe County Sheriff’s Office, with securing scenes. Ortt called sanctuary city policies a way to circumvent federal immigration law.
“Cities do not get to choose which laws they abide by or which laws they don’t, any more than a city can say we’re not going to abide by second amendment laws,” Ortt said.
Ortt also criticized Mayor Malik Evans for holding the news conference announcing that the officers were found to have violated city policy. Those officers were put on desk duty while being retrained on RPD’s policies, but have since returned to duty, according to Kevin Leckinger with the Locust Club.
“The notion that the mayor and the chief would not only reprimand these officers for doing their job but would publicly shame them. That didn’t have to happen,” Ortt said.
Border Czar Tom Homan took to X to show his support for the officers, stating “Law enforcement officers should not be abandoned in the time of need because of politics.”
Homan met privately with Locust Club officials Friday.
News10NBC obtained video of the traffic stop, which happened on Monday night on Lyell Avenue and Whitney Street. Border Patrol agents stopped the van and asked people to get out of a car. When they didn’t, the agents called for emergency backup. Minutes later, an RPD supervisor and several officers arrived.
Chief Smith said the supervisor canceled the emergency response, but the officers still proceeded to make people exit the van and helped to handcuff them. In videos obtained by News10NBC, tense moments unfolded as a woman yelled at an officer and pushed her way through them to speak to her cousin inside the van.
Like Ortt, the Locust Club defended the actions of the officers. In a statement, the union said the officers didn’t ask any questions about the people’s immigration status, didn’t use force, and left the people in handcuffs with the federal agents.
“This wasn’t political. This wasn’t about immigration,” said Leckinger. “This was about backing up other officers, making sure the scene was safe. And as soon as it was safe, they left the scene, which is in compliance with this order.”
The Police Accountability Board confirmed that it is investigating Rochester Police’s role in this stop.
Ever since the Trump administration began cracking down on migrants living in the U.S. illegally, News10NBC has asked local police departments and sheriff’s offices about their policies when it comes to working with immigration enforcement agencies from the Department of Homeland Security. Both Customs and Border Patrol and ICE are part of that department.
All law enforcement agencies that shared their policies said their officers or deputies cannot arrest or question anyone solely on the suspicion that they’re living in the U.S. illegally. You can see the policies here.
Here’s the full statement from the Locust Club:

Monroe County Republican conference leader Steve Brew released this statement about the traffic stop:
“It should be expected — and certainly not condemned — that law enforcement officers respond when fellow officers call for help. That’s exactly what happened here. The Rochester Police Department stepped up to support a lawful enforcement action carried out by federal agents with Homeland Security. We thank them for doing their job.”
“Let’s be clear: no one is above the law — not even in a so-called sanctuary city — and no agency should be vilified for helping to enforce it. Politicizing routine police work only puts officers and the public in greater danger. The Republican Conference stands firmly with the men and women of the Rochester Police Department, who serve our community with honor and integrity every single day. We fully support their decision to assist federal partners in the interest of public safety. Our families expect and deserve law enforcement that upholds the law — not abandons it.”
The Rochester Fire Fighters Association released a statement to X Friday on the situation as well:
Watch the full press conference from Friday here:
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