Police chiefs support Massachusetts governor’s detainer proposal
Published 8:15 am Friday, August 25, 2017
BOSTON — Gov. Charlie Baker’s plan to give police the authority to detain immigrants living in the U.S. illegally who are wanted for serious crimes has received a boost from two of the state’s largest police organizations.
The Massachusetts Association of Police Chiefs and the state chapter of the Major City Police Chiefs Association have endorsed Baker’s legislation authorizing state and local police to honor requests by federal immigration agents that are accompanied by warrants for people “who pose a threat to public safety.”
In a letter to state lawmakers, the police chiefs noted civil immigration enforcement is “primarily” under federal purview but Baker’s plan is a “commonsense” and “safety-oriented” approach.
“We should be utilizing every strategic resource at our disposal to optimize and enhance the safety and security of our communities within legal boundaries,” the chiefs wrote.
Baker’s bill is the latest response to a ruling by the state’s highest court that struck down a policy allowing Massachusetts police to cooperate with U.S. Immigrations and Customs Enforcement.
Under his proposal, a person would be detained up to 12 hours if they’ve engaged in terrorism or espionage, or are facing those charges; if they’ve been convicted of a felony such as murder, rape, sexual abuse, drug trafficking or domestic violence; or if they’ve been involved in a street gang.
Someone could also be detained if they were convicted of driving under the influence two or more times.
Immigrant rights groups and some Democratic lawmakers are criticizing the proposal as encouraging local police to act as immigration agents.
Marion Davis, spokeswoman for the Massachusetts Immigrant and Refugee Advocacy Coalition, said the proposal lacks due process and raises constitutional issues that could expose police to costly litigation.
“Detainers are only clearly constitutional when backed by a judicial warrant, but the Baker bill doesn’t require warrants,” she said. “It’s also very broad, covering not just violent felons but any non-citizen convicted of any of dozens of offenses.”
Chelsea Police Chief Brian Kyes, president of the major chiefs association and legislative director for the police chiefs association, said the proposal only targets dangerous criminals who’ve already been arrested. The plan has received unanimous support from police chiefs.
“Local police are not going to be enforcing civil immigration law — it’s not going to happen,” he said. “This would sever the trust we’ve built in our communities.”
Baker last year issued a directive allowing police to detain for up to 48 hours people in the U.S. illegally who fall into one of several categories including suspicion of drug dealing, sex trafficking and involvement with street gangs, or who pose a national security risk. That reversed a policy enacted by his predecessor, Gov. Deval Patrick.
But the Supreme Judicial Court said last week state law doesn’t give local police the authority to detain people suspected of illegal immigration unless they face criminal charges. Its ruling stemmed from a case involving a Cambodian man who was living in the country illegally and was detained when he couldn’t post bail for charges of unarmed robbery.
The court ruled police cannot cooperate when federal authorities ask for someone to be held until they can arrive, though the Legislature has the power to require that.
ICE issues a detainer when an undocumented person is arrested on criminal charges and federal authorities believe there is probable cause to deport that person. If local police comply, ICE takes custody of the suspect.
Kyes said the court ruling left many police departments largely powerless to prevent the release of dangerous criminals living in the U.S. illegally.
“Right now we can’t hold someone,” he said. “They walk out the door and they’re gone.”
Immigrants rights groups say giving police the authority to cooperate with federal immigration agents makes communities less safe because it dissuades people from reporting crime for fear of deportation.
Supporters of such policies say police should be working with federal authorities to enforce the law, instead of shielding criminals from arrest and deportation.
State police held 27 people on ICE detainers from July 1, 2016 through July 11, 2017, according to the department. Of those 16 were initially arrested on felony warrants or charges, according to state police.
Meanwhile, lawmakers are weighing a proposal to declare Massachusetts a “sanctuary state” that bars local police from detaining people living in the country illegally.
Several communities, including Lawrence and Salem, have passed ordinances restricting local officers from cooperating with federal agents.
President Donald Trump, a Republican, has vowed to crack down on those communities. A recently signed executive order threatens their funding if they refuse to cooperate with immigration officials.
Republican lawmakers, including Rep. Jim Lyons, R-Andover, have filed a bill giving state and local police the authority to enforce federal immigration law by detaining, with or without a warrant, those suspected of being in the U.S. illegally.
The Legislature’s Judiciary Committee could hold a public hearing on Baker’s proposal as soon as next month, when lawmakers return to Beacon Hill from summer recess.
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhi.com.