Hampshire County sheriff: Not heeding ICE detainer requests is the law

PATRICK CAHILLANE

PATRICK CAHILLANE

By SCOTT MERZBACH

Staff Writer

Published: 12-17-2024 5:36 PM

Modified: 12-18-2024 2:13 PM


NORTHAMPTON — Hampshire County Sheriff Patrick J. Cahillane will be following state law and the Massachusetts Constitution by not responding to U.S. Immigration and Customs Enforcement detainers based solely on people’s immigration status.

In a recent statement, Cahillane cites the 2017 Massachusetts Supreme Judicial Court decision in Lunn v. Commonwealth making it unlawful for state and local officials to arrest immigrants based on civil immigration detainers issued by ICE, beyond the time that those individuals would otherwise be entitled to be released from state custody.

“As a result I, as the sheriff of Hampshire County and a state public safety official, will not detain or hold a person in custody based solely on the existence of an ICE detainer,” Cahillane wrote.

He explained that detainers are requests from employees of the federal Department of Homeland Security, not arrest warrants issued by a judge or a magistrate.

Cahillane said in a phone interview Tuesday that his statement comes after hearing concerns from area residents about the potential for mass deportations of immigrants being proposed by President-elect Donald Trump, specifically targeting states he didn’t win in the election, such as Massachusetts and Illinois. Cahillane said it’s important to be clear what the law is and what the obligations are for law enforcement officials, rather than having people make up their own interpretations.

“Law enforcement is obligated to follow what the law is,” Cahillane said.

For those facing criminal charges unrelated to immigration status, such as burglary or assault, Cahillane said his office will provide care and custody based on orders from courts of jurisdiction and, under those circumstances, would legally provide ICE information about a person’s last known address, dates for court appearances, sentencing parameters and date of release.

“That is the law as it currently stands, and I will follow it,” Cahillane said, adding that this reduces liability.

Article continues after...

Yesterday's Most Read Articles

Long-vacant former Faces spot in Northampton gets new tenant
Here come the sweetness: Four new businesses prepping to open in downtown Northampton
Local ‘Hands Off!’ standouts planned as part of national effort
Area property deed transfers, April 4
Hatfield Select Board removes elected Housing Authority member
Shutesbury reviewing how to improve safety on Lake Wyola in wake of accident last summer

If people want the existing state law changed, understanding that some constituents do support Trump’s push to remove immigrants without legal status, Cahillane said they should push for their views through the legislative process, just as he advocates for more legal paths for immigrants to get American citizenship.

ICE’s website describes immigration detainers as requests from ICE that ask a federal, state or local law enforcement agency, such as jails, prisons or other confinement facilities, to notify the requesting agency as early as possible before they release a “removable noncitizen” and hold that person for up to an additional 48 hours. This, the agency argues, allows ICE agents time to take custody of the individuals in accordance with federal immigration law.

“When a state or local law enforcement agency doesn’t honor a detainer, officers pursue the noncitizen in the community,” the website states. “These at-large arrests are more dangerous for the public, noncitizens and officers.”

Cahillane, though, said he’s not sure there is any factual evidence that more danger is posed to a community.

While Cahillane said he doesn’t know what will happen after Inauguration Day, his statement also came with a personal story,

“I am an immigrant. I arrived in Northampton from Ireland when I was 10 years old, so I have some understanding of the immigrant experience and adapting to a new way of life. It is traumatic enough moving to a new country and then having to worry about arrest and deportation when you are only seeking a batter life. I do not speak for all immigrants, but we must have some understanding and kindness toward each other.”

Cahillane’s statement was issued as both Northampton and Amherst have recently reaffirmed their status as sanctuary communities.

Northampton police are also formally prohibited from honoring ICE detainer requests that are non-criminal and not supported by a judicial warrant through the city’s “Safe City” Oordinance.

In Amherst, officials have pledged not to cooperate with ICE in accordance with a town bylaw, stating that no town department shall perform the functions of an immigration officer.

Meanwhile, several statewide organizations have written a letter to Massachusetts Gov. Maura Healey asking that she be proactive with the state Legislature in responding to the Trump administration and its possible “aggressive rollbacks of immigrants rights, civil liberties, reproductive rights, climate regulations, healthcare and LGBTQ+ protections.”

In their letter, signed by Indivisible Mass Coalition, Progressive Mass, the Massachusetts Immigrant & Refugee Advocacy Coalition, Mass Peace Action and Our Revolution Massachusetts, among others, they suggest bills be passed and signed into law to protect the civil rights and safety of all Massachusetts residents, ensure Massachusetts’ state sovereignty and protect the safety and well-being of the residents of the state, and those traveling from other states for reproductive care, including by shoring up privacy rights and banning the purchase and sale of personal cellphone location data.

Scott Merzbach can be reached at smerzbach@gazettenet.com.