GREENFIELD — Speaking before the city’s Human Rights Commission, Franklin County Sheriff Christopher Donelan insisted the 73 undocumented detainees at the Franklin County House of Corrections are treated with respect.
“It’s a ridiculous issue, that we can’t have immigration laws that make sense for everybody. But unfortunately, that hasn’t happened,” Donelan said to a crowded room at Monday’s meeting, concluding an hour of discussion at the town’s 114 Main St. Planning Office.
Of the jail’s $16 million operating budget, $1 million comes from a $3 million contract with U.S. Immigration and Customs Enforcement authorities. The rest goes to the state. Under the agreement, which started in 2008 and doesn’t have an expiration date, the jail holds undocumented detainees until they can be transferred elsewhere, often pending legal action. Most of them are deported.
Commission Vice Chairman Gregory Corcoran said Monday’s forum was held to answer questions and “the ultimate question” to consider if the region wants to be under contract with ICE.
“There have been no allegations of wrongdoings. This Commission is, in no way, saying the correctional facility has done anything wrong,” Corcoran said.
Donelan assured that detainees, which come from across the United States, are treated humanely and on par with prisoners held for other reasons. Services offered include religious activities, social and legal services, video conferencing for court appearances, educational opportunities and visitation rights. An exception is substance abuse programs because of a limited budget.
“At the Franklin County Sheriff’s Office we have some of the most professional guards in the country. We treat everyone with respect. Nobody is abused there,” Donelan said.
The jail, which is state-funded, keeps about 75 undocumented detainees at any given time. They usually stay for about three months before they’re either deported, or (24 percent of the time) released, Donelan said.
“Typically the crimes that have been committed by these folks are domestic violence, to driving under the influence,” many misdemeanors, he said. “I hold nobody who has not had judicial review. Everyone we have has at least one appearance before a judge, who has determined they would be detained.”
As for the $1 million, “predominantly, it funds the security staff and treatment programs for everyone in the facility. We’ve built very robust treatment programs,” he said.
Reached by email Tuesday morning, Hampshire County Sheriff Patrick J. Cahillane said the Hampshire County Jail and House of Correction doesn’t house ICE detainees.
One reason is simply practical: “We do not have the available cells to rent out to other agencies,” Cahillane wrote.
Another reason is because of a July 24, 2017, decision by the Massachusetts Supreme Court in Lunn v. Commonwealth, which addresses cases of ICE detainees being held on civil immigration detainers.
That ruling, which set the standard for civil detention in the commonwealth, states that Massachusetts court officers cannot arrest someone at the request of Federal immigration authorities, pursuant to a civil immigration detainer, solely because the Federal authorities believe the person is subject to civil removal.
Prior to that decision, Cahillane said, the Hampshire Sheriff’s Office has applied the principle of housing pre-trial and sentenced inmates sent to it by the courts.
At Monday evening’s meeting in Greenfield, public questions centered on detainee treatment, notably access to interpreters (three staff members who speak Spanish), but the moral principal of profiting off incarceration was also raised.
“Should the state, and now locally, be making money off detaining human beings? Even if people are treated well, we’re still making money off that broken system,” said Dave Cohen of Greenfield, a member of Bernie Sanders’s remnant group Franklin County Continuing the Political Revolution. Later, Cohen said the forum “gave some facts about what kind of money we’re talking about.” The Franklin County House of Corrections, he said, “is better off than most facilities, but it doesn’t answer the bigger question.”
“This is exactly why we had this forum — because we hear rumors. As a human rights group, we want to get people talking,” said Commission Chairman Philippe Simon.
Following Donelan’s presentation, a few representatives from the American Civil Liberties Union’s Western Mass. Immigration Protection Project shared their thoughts. The organization offers legal aid including a volunteer call service.
“There’s a lot of good will in Western Mass. and lawyers reflect our project,” said Margaret Sawyer, project coordinator and ordained United Church of Christ pastor. Detainees held in Franklin County have access to legal services they wouldn’t have elsewhere, she said.
More information on the Immigration Protection Project can be found online at ippwma.com. Information shared Monday night will again be discussed at next month’s Human Right’s Commission meeting, Monday, Sep 11.
Gazette reporter Emily Cutts contributed to this story.