As the Trump administration intensifies its efforts to deport millions of illegal immigrants, Republican legislators in Massachusetts are calling for a change in the state's policy of disregarding immigration detainers issued by federal authorities.
In a 2017 ruling, the state's Supreme Judicial Court stated that Massachusetts law does not permit court officers to arrest and detain an individual solely based on a Federal civil immigration detainer.
This ruling implies that even when Immigration and Customs Enforcement (ICE) requests a sheriff or law enforcement agency to hold an immigrant facing serious criminal charges, officers are legally unable to comply. However, this could change if a bill recently proposed by conservative lawmakers is enacted.
According to American Military News, the bill, known as HD.4221 or An Act to promote and protect safety in the Commonwealth, is a pragmatic response to the decision made in Lunn v. the Commonwealth, according to Worcester and Hampshire State Sen. Peter Durant. "Our goal, obviously, is to allow our law enforcement to detain those who have ICE detainers on them so they can be turned over," Durant stated.
The proposed legislation, introduced by State Reps. Michael Soter and Kenneth Sweezey, would not mandate law enforcement officials to detain those sought by ICE, but would provide them with the option to do so. Durant described it as another "tool in the toolbox" for law enforcement.
Soter emphasized the importance of equipping law enforcement with the necessary resources, tools, and support to ensure community safety. "Both sides of the aisle are united in the belief that undocumented immigrants who come here to commit crimes should be returned to their home countries. The state and local authorities must be able to detain these criminals and give ICE the opportunity to take action," the Bellingham Republican said.
Sweezey, of Pembroke, expressed concern over the escalating immigration issue in Massachusetts. He described the proposed legislation as a simple, commonsense first step towards addressing part of the problem.
Durant further explained that the bill is a direct response to the court's instructions in the Lunn decision. The SJC had stated that it is not the judiciary's role to create laws or authorities for law enforcement.
The proposed legislation has the support of two Massachusetts Sheriffs Worcester County Sheriff Lew Evangelidis and Plymouth County Sheriff Joseph McDonald Jr. Durant noted that the bill comes at a time when ICE raids are increasing. He suggested that allowing law enforcement to hold an immigrant subject to a detainer could prevent such raids from taking place in immigrant communities.
Evangelidis reported a significant increase in the number of individuals with ICE detainers passing through Worcester County facilities. He clarified that these individuals are not merely visa overstayers, but have committed serious crimes such as murder, rape, and drug trafficking.
According to ICE, its officers arrested over 4,500 immigrants in the first week of Trump's presidency. During the latter part of the Biden Administration, the agency averaged about 310 arrests per day. ICE files a detainer request only after establishing probable cause to believe that an alien is removable, typically following a court conviction for one or more crimes, and usually when the alien poses a public safety or national security threat.
The proposed legislation, if enacted, would allow local law enforcement and holding facilities to hold an alien for up to 48 hours beyond their ordinary release time, providing DHS with the opportunity to assume custody in accordance with federal immigration law. This could potentially streamline the process of dealing with illegal immigrants who pose a threat to public safety, and reduce the need for disruptive and potentially dangerous ICE raids in immigrant communities.
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