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Amid increased immigration enforcement activity across Massachusetts, Attorney General Andrea Joy Campbell today released a “Know Your Rights” guide designed to help immigrants, families and communities understand the basic legal framework regarding U.S. Immigration and Customs Enforcement actions.
The seven-page, FAQ-style guidance responds to questions the Attorney General’s Office has received about the actions of ICE, the role of local police, and what people should know when they or others are approached by immigration officers.
Here are several key points:
• ICE usually cannot legally enter private spaces, such as homes or private offices, without a judicial warrant or voluntary consent, but generally can arrest people without a judicial warrant in public spaces.
• Bystanders can watch and record interactions, “from a reasonable distance,” but are not allowed to obstruct, impede or assault an ICE officer.
• Individuals arrested by ICE have the right to remain silent and can refuse to sign documents they do not understand.
• Local law enforcement cannot be compelled to carry out federal civil immigration enforcement, and their cooperation with ICE must comply with state and local legal limitations.
“In releasing this guidance, I strongly encourage everyone to inform themselves of their rights when they see immigration officers in their communities,” Campbell said in a prepared statement.
Rules for detainment
The guide states that: “ICE enforcement activity may target people the agency suspects are subject to removal from the country. This can include people whose parole, visa, deferred action, or other legal authorization has been revoked. It can also include people suspected of having violated federal immigration law.”
These are typically civil, not criminal, violations, according to the AG’s office, and ICE does not need a judicial warrant to arrest someone.
“ICE does not need to show that a crime was committed to arrest and detain a person who is subject to removal,” the guide states.
Under most circumstances, ICE agents cannot legally enter private spaces — such as homes, private offices, or the non-public areas of a workplace — without a judicial warrant signed by a judge or magistrate, or voluntary consent from someone who has actual or apparent authority over the property (e.g., someone who lives there).
A person being arrested or detained does not have to answer questions and has the right to hire and speak with a lawyer, though the government is not generally required to provide one in immigration proceedings. The person has the right to refuse to sign documents.
The person being targeted may ask questions such as: Am I being detained? Am I under arrest? What is the reason? Where are you taking me? What agency do you work for? How can my family or lawyer contact you?
Bystanders are not required to answer questions about their own immigration status or the status of another person.
Anyone alleged to have obstructed, impeded or assaulted an ICE agent may be criminally prosecuted.
Local response
The guide states that any voluntary cooperation with ICE by local law enforcement must comply with state and local legal limitations as defined by court decisions, the Massachusetts Constitution, the Massachusetts Civil Rights Act, state anti-profiling laws, municipal bylaws, ordinances and resolutions, and local police department policies.
In particular, the 2017 Supreme Judicial Court ruling in Lunn v. Commonwealth states that local law enforcement officers have no legal authority to arrest, detain or hold an individual based solely on a federal civil immigration detainer (a request from ICE to keep a person in custody until ICE agents can arrest them). The Lunn decision does not, however, limit state and local law enforcement from acting in accordance with state law to protect public safety.
Cities and towns such as Boston, Amherst, Cambridge, Chelsea, Concord, Newton, Northampton and Somerville have passed local laws that limit their police departments’ involvement in federal civil immigration enforcement. And many law enforcement agencies have adopted departmental rules, regulations, and policies that limit involvement in immigration enforcement.
The guide points to additional resources for various stakeholders for immigrants and institutions that serve them, including guidance for K-12 schools.