CHILI, N.Y. — A Chili woman says ICE agents damaged her private property while arresting a roofer working next door.
Kathy Kearney came home to find her backyard gate pushed down and her plants damaged. News10NBC spoke with Kearney, who said she felt violated by the experience.
Shaken by the entry
“I watch it on the news all the time. They’re, you know, in everybody’s neighborhood. So it’s nothing new, I suppose. But I still feels very violating to come home and have my property destroyed,” Kearney said.
Kearney said the agents pushed down her gate, which fell on top of her plants and damaged the planter. She initially thought the roofers next door were responsible.
“I thought the guys on the roof did it at first, so I called him over, and he said he didn’t do it. And then he told me about the ICE agents coming. He said, there was 8 to 10 ICE agents….God bless him. He came over here and helped me put that gate back up. And, you know, he didn’t even have to do that, but he did,” Kearney said.
Workers taken into custody
According to neighbors, workers and the homeowner getting the roof done, three to four workers were taken into custody by ICE agents. The homeowner told News10NBC the ICE agents had a warrant, but according to a worker, none of those arrested had criminal records.
“It’s sad. It’s a sad situation in this world right now that people have no rights at all. And ICE gets away with whatever they want to do, right? Right up to murder. Nobody’s going to stop them. So it’s going to keep happening. So my little fence is just minute compared to all the other people,” Kearney said.
When asked what she would say to ICE agents or anyone in charge, Kearney had a direct message.
“Stop! Enough is enough. I can’t imagine how you can sleep at night doing these things,” she said.
News10NBC reached out to the ICE office in Buffalo for comment, but has not received a response.
Can government agents go onto private property?
Anthony Kuhn, the managing partner at the law firm Tully Rinckey, said the legality of government agents entering private property depends on specific circumstances.
“The fact that law enforcement is conducting an investigation next door does not automatically give officers unrestricted authority to enter neighboring private property. The legality of any entry depends on the specific circumstances, including whether there was a legitimate law enforcement necessity, an immediate safety concern, or another recognized exception that justified the intrusion. Even where entry may be lawful, separate questions can arise regarding damage to private property and whether an innocent homeowner may be entitled to compensation. Ultimately, the key facts will be why the neighboring property was entered, whether that entry was necessary under the circumstances, and how any damage occurred. Those details will shape both the legal analysis and any potential remedies available to the homeowner.”
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