Hampshire County Sheriff Patrick J. Cahillane has announced that he will not comply with U.S. Immigration and Customs Enforcement ICE detainer requests based only on a person’s immigration status.
He is following state law and the Massachusetts Constitution, which were clarified in a 2017 Supreme Judicial Court decision that made it illegal for local officials to hold immigrants in jail after their release date just because of an ICE detainer.
Cahillane explained that ICE detainers are not arrest warrants from a judge, but requests from the federal Department of Homeland Security asking local law enforcement to hold someone for an extra 48 hours before release. These detainers are not legally binding.
Cahillane made this statement after hearing concerns from local residents about the possibility of mass deportations under President-elect Donald Trump, particularly in states like Massachusetts. He emphasized that law enforcement officers must follow the law as it is written.
For individuals facing criminal charges unrelated to immigration, such as burglary or assault, Cahillane’s office will provide necessary information to ICE, such as the person’s address, court dates, and release date, as required by law.
Cahillane also noted that if people want changes to the law, they should work through the legislative process, a view he shares in advocating for more legal paths for immigrants to become U.S. citizens.
ICE describes immigration detainers as requests for local authorities to notify them before releasing someone who may be deportable and hold them for an additional 48 hours so ICE can take custody. However, Cahillane questioned whether this policy truly increases safety, suggesting that there is no evidence supporting that claim.
Cahillane shared his personal experience as an immigrant, having moved to Northampton from Ireland when he was 10 years old. He said he understands the challenges immigrants face and believes we should show kindness and understanding to one another.
In response to concerns about immigration, both Northampton and Amherst have reaffirmed their status as sanctuary communities. Northampton’s police department is prohibited from honoring ICE detainers that don’t have judicial warrants, and Amherst has pledged not to cooperate with ICE according to a town bylaw.
Several statewide organizations have written to Governor Maura Healey, urging her to take action with the state legislature to protect immigrants and civil rights in light of potential changes from the Trump administration.
They suggest passing bills to safeguard the rights and safety of all Massachusetts residents, including privacy protections and protections for reproductive rights.