The Rochester Police Department has opened an internal investigation into the department's role in a traffic stop Monday night initiated by Homeland Security Investigations (Border Patrol) agents.  

Mayor Malik Evans and Police Chief David Smith said Wednesday that officers acted in violation of Rochester's sanctuary city policy by handcuffing and detaining people who were in a van stopped by Border Patrol on Lyle Avenue near Whitney Steet.

According to Smith, the Monroe County 911 center received a call shortly after 6 p.m. Monday from Border Patrol dispatchers requesting an emergency response to a traffic stop. Smith said RPD officers were dispatched and the first RPD supervisor arrived at 6:05 p.m. and canceled the emergency response.

Smith said the body-worn camera shows the RPD supervisor on the scene giving specific directions to RPD officers and making sure the Border Patrol agents engage with the people in the van. However, Smith said the supervisor became distracted by a woman who was on the scene, and, when out of view of the supervisor, RPD officers removed and handcuffed some of the people in the van. The chief says approximately eight people are believed to have been in the van.

"Requests like this for back-up happen sometimes, when other law enforcement agencies feel the scene is unsafe for themselves or others," Evans said in a statement. "RPD responds to these scenes to ensure the location remains safe and secure. But city policy states clearly: The Rochester Police Department is not responsible for and does not engage in the enforcement of immigration laws, does not perform the functions of federal immigration officers, and will not assist any federal officers in the enforcement of immigration laws. That is a federal function."

The Rochester Police Locust Club, the union representing officers in the area, says there are exceptions to the policy – including that members may hold an ICE-related person in a warrant case and members can assist federal immigration officials in making a lawful warrantless arrest for a federal crime.

Federal law enforcement haven’t released specific details of the incident, including if those detained had active warrants or were involved in a federal crime. Smith said, based on his review of the body-worn camera, there was no sign of immediate criminal activity taking place that the RPD would have needed to respond to.

“We fully support our officers," said Kevin Leckinger, acting president of the Locust Club. "We fully support their actions and we're disappointed in the words of the mayor, the chief and the city council president.”

Leckinger says he is disappointed in what he calls a "rush to judgment" from city leaders.

"The elected mayor, the elected city council president and the appointed chief all have pretty much publicly accused our officers of violating a policy before they conducted an investigation that might be acceptable in politics, but in police work, we have to find evidence and conduct our investigation first and then determine the outcome of the investigation.”

Both the mayor and chief say they will follow the required protocol in order to provide due process to the officers involved.

"From watching the body-worn camera, what is concerning to me is despite the fact that we were called, we went lights and siren, I see in the video a total lack of urgency on the part of multiple Border Patrol officers at the scene,” Smith said. “What is also very concerning is that RPD officers went out of view of the supervisor who was on-scene to initiate contact with occupants of the vehicle while Border Patrol stands by, when, in reality, they should be initiating contact and we should be there ensuring their safety."

Once everyone was out of the van, the RPD left the scene. Where those people who were detained are or what they are charged with is unknown, according to the chief, who said he has reached out to Border Patrol for that information.

Spectrum News 1 reached out to U.S. Citizenship and Immigration Services on the incident and received the following statement:

"On March 24, 2025, U.S. Immigration and Customs Enforcement, alongside our federal law enforcement partners, began conducting enhanced targeted operations in parts of New York, to enforce U.S. immigration law. We will provide additional information as it becomes available.”

Smith said on Tuesday, the lieutenant who was in charge during the incident debriefed his personnel on the situation and provided training on the department's policies.  

According to the chief, about a dozen officers were involved in the incident and they all will receive additional training before they return to duty. All sections of the department will receive additional training as well.  

"As chief, I am committed to the safety and protection of the rights of those in our community," Smith said. "Although we have policies and procedures in place, we are not perfect. We ask for patience as we strive to provide the police services that our community deserves."

"I learned of this incident from a member of our community, who called my office," Evans said. "I cannot thank our community members enough for keeping their city officials accountable for their work across Rochester. This is what makes our community stronger.”