Rochester, N.Y. (WHAM) — A judge has dismissed a lawsuit from the United States Department of Justice against the City of Rochester over its sanctuary policy.
Judge Frank Geraci ruled the city amended key policies referenced by the DOJ that were not addressed in the department’s final brief, according to the decision and order paperwork obtained from the United States District Court for the Western District of New York.
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“I don’t think we can claim victory at this point,” said City Council President Miguel Melendez, who was sued along with the rest of the council and Mayor Malik Evans.
Melendez, recalling the March press conference in which he and other city leaders drew attention to a controversial traffic stop on Whitney Street involving Rochester police officers and federal immigration officers, said he had no idea at the time his name would appear on the lawsuit.
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“It was a shock,” Melendez said. “I would be remiss not to say that, but I also feel now in hindsight, looking back, my name was in there because I stood up and said something.”
The federal government’s legal challenge took aim at Rochester’s 1986 sanctuary city policy, which was reaffirmed in 2017, as well as two police general orders. The government argued these were unconstitutional.
“What we have stood by continuously is the fact that we can’t be told due to the 10th amendment to the Constitution that our resources can be used for federal enforcement action,” said Melendez.
While the lawsuit was pending, the city codified its sanctuary city policy into law, effectively hindering the federal government’s original legal challenge.
Geraci said since the claims were addressed before the final briefing, the issue has been resolved and the case should be dismissed without prejudice, the paperwork reads. Geraci provided the federal government until Dec. 19 to return to court with an amended complaint.
“We don’t have true indication of any next steps,” Melendez said. “I think at this point, our focus is on closing this chapter.”
In a statement, Evans said the city is pleased with the lawsuit’s dismissal.
The City of Rochester became a Sanctuary City in 1986, and remains committed to this resolution. The City intends to continue to fully comply with federal and state laws while vigorously preserving our local autonomy and rights under the Tenth Amendment to the U.S. Constitution.
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