Letter from Mary Anne Whelan

Time for Change in Sheriff’s Office

I would urge Republicans voting in the primary on June 23 to reflect especially carefully in nominating a candidate for sheriff. The incumbent, Devlin, proposes to bring ICE among us by using local law enforcement officers (LEOs) to detain, guard and transport prisoners eligible for discharge at the request of ICE. No judicial warrant is required for ICE to present to cause us to detain, and ICE to obtain custody of these prisoners, who have served their sentences and would otherwise be discharged. Devlin has agreed to give ICE their names per a signed agreement (287g) with ICE. Our LEOs will be responsible for detaining, guarding and transporting them into ICE custody after being trained by ICE per this agreement.

This disregards the policy for fiscal responsibility and control articulated by our county. It is also against New York State law, as held by the Supreme Court of the State of New York in Francis v. DeMarco (2018.) The court held that “New York State law does not permit state officers to hold people on immigration detainers or otherwise arrest a person for civil immigration violations.” Devlin initially claimed that no LEOs would be used, but he has subsequently revised that, to the expense of the taxpayers (us) who employ them.

He has also been responsible for supervising his department, which currently has at least two officers facing felony charges, one (the jail administrator) for using an unmarked police car while on duty to  purchase and transport cocaine, the other for multiple counts of falsifying information. The investigation is ongoing and the cases are reportedly related.

While Devlin charges his opposing candidate, Stalter, with using these cases for “political opportunism,” Stalter had previously resigned from Devlin’s department per dissatisfaction with his leadership and collaboration with ICE. Stalter is an experienced former officer and knows the department well. It would appear that it is time for a change. 

Mary Anne Whelan
Cooperstown