WESTFORD — Westford Police Chief Mark Chambers spoke at the Westford League of Women Voters meeting on Nov. 20, answering questions posed by members of the league and other meeting attendees regarding the extent that both the Westford Police Department and members of the public can get involved during arrests by U.S. Immigration and Customs Enforcement agents.
The meeting took place one day after the league joined Westford’s First Parish Church United and St. Mark’s Episcopal church for the “Bearing Witness at ICE.” demonstration outside of the DHS ICE Boston Field Office in Burlington.
Questions included to what extent Westford police officers and members of the public can intervene during an ICE arrest, if ICE agents can enter certain town buildings, private properties or personal cars, the legality of ICE agents’ tactics, and what members of the public have the right to ask ICE agents at the scene of an arrest.
During the meeting, Chambers said Westford police officers do not notify ICE agents if they have arrested someone who is undocumented, and that they can only work with ICE agents to make an arrest if there is a federal criminal warrant against an individual, not a civil immigration detainer.
“The Westford Police Department plays zero role in immigration enforcement,” Chambers said. “The only time that we will touch immigration (enforcement) is if it is a federal warrant for a federal crime and that person happens to also be an undocumented immigrant. We do not notify ICE of anyone who comes into our custody that may be undocumented, it does happen frequently, but more often than not it’s usually a (driver’s) license situation.”
Chambers said there was at least one ICE arrest that took place in Westford that he is aware of, which he said occurred last October, after an individual was taken into custody by Westford police officers after officers alleged the individual was driving without a license.
Chambers said the individual was later released from Westford police custody, but was then arrested by ICE agents outside of the Westford Police Headquarters, after ICE agents had learned about the arrest.
“We did have one situation about two months ago, where we had someone that had been placed under arrest for a subsequent offense while driving without a license,” Chambers said. “As part of our booking process, we take photographs and fingerprints, and the fingerprint system right now is all online, because we have to transmit the fingerprints to make sure the person’s identity is confirmed. ICE was notified through that system that we had somebody in our custody who was under an immigration detainer at the time. They asked us to hold him, we said ‘no’, they waited outside, so once he was bailed out, he walked out of the station and they did take him into custody.”
Chambers said ICE agents cannot enter a private home unless they have issued a warrant against the homeowner, and cannot enter any other buildings that are not open to the public. However, he said ICE agents can enter any building, including churches, libraries and schools, if they are “considered a public building.” He also said ICE agents can enter cars if they have reasonable suspicion, as cars fall under a different jurisdiction than homes and private buildings.
For residents who are interested in learning more about their rights and what ICE agents can and cannot do, Chambers said they can reach out to Massachusetts Attorney General Andrea Campbell’s office for guidance on immigration law and a “know your rights” guide to ICE arrests.
