Mayor, RPD Chief: Officer broke policy during immigration response
Mar 26, 2025
Editor's Note: You can watch the full press conference in the video player at the bottom of the story.
ROCHESTER, N.Y. (WROC) — At least one officer of the Rochester Police Department broke city policy when responding to a call for help from Homeland Security (Border Patrol) this week, accordi
ng to city leadership Wednesday afternoon.
Monday night around 5:30 p.m., Border Patrol officers reportedly had a van stopped in the area of Lyell Avenue and Whitney Street, during which RPD personnel observed the interaction and carried on with other duties, according to Police Chief David Smith.
About a half-hour later, Border Patrol called Monroe County 911 for backup, and an RPD supervisor arrived on the scene minutes later. According to Chief Smith, when the RPD supervisor on scene became distracted, the other RPD officers called to the scene began to take matters into their own hands, verbally communicating with the occupant(s) of the van, and detaining at least one person, Chief 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 (Border Patrol) should be initiating contact and we should be there ensuring their safety," Chief Smith said.
Mayor Malik Evans said this was a direct violation of city policy.
Rochester is considered a "sanctuary city," meaning it denies cooperation with federal immigration enforcement.
"Our policy is crystal clear. City police officers do not help or participate in federal immigration activities. I've instructed the Chief to make sure every RPD officer receives more training on general order 502 to make sure our members are aware and fully understand the policy," Evans said.
It's still unclear how many officers were directly involved, though Chief Smith estimated about 10-12 officers were on scene with the supervisor and Border Patrol.
Body-worn camera is under review and an internal investigation is being called for, Chief Smith announced. He also said he's waiting for more information from Border Patrol regarding the status of those taken into custody. He anticipates the names of those RPD officers involved to be released at a later time when the information is compiled.
"The reality is, there's a lot more profiling, there's a lot more disdain for being Latino right now in this country," City Council President Miguel Melendez. "With that being said, we have a policy, it is the responsibility of the council to ensure that we are following these policies."
A citizen reported the incident to Mayor Malik Evans, who encouraged folks to continue to report these incidents.
This is a developing story. Check back later for more details. ...read more read less