Politics

Questions surround memo sent to Mass. sheriffs about ICE detainers

(MyFoxBoston.com) It is a hot button issue here in Massachusetts. Local law enforcement officials are holding illegal immigrants on detainers for US Immigration and Customs Enforcement. Some communities say they are not going to do it.

And now, there is a memo that stirring the controversy even more.

Questions are being raised about what exactly the Patrick administration is telling its sheriffs about how to handle ICE detainers, and whether or not what those sheriffs choose to do is in violation of the law.    

This "executive office of public safety" memo, obtained by FOX 25, is sparking controversy over the way immigration and customs enforcement detainers are handled by local sheriffs.

Some, like Bristol County Sheriff Thomas Hodgson, say they interpret it to mean the Patrick administration is trying to tell them they'd be violating the Fourth Amendment if they detained immigrants for 48 hours.

 "It's suggesting that we not do this, and that somehow it would be a liability for us," Hodgson said.

Under the secure communities program, the fingerprints of those arrested are automatically sent to federal immigration officials to be checked against immigration databases. If a match is made, ICE may issue a detainer if it decides it wants to put that person into deportation proceedings.

"We don't need people who are more interested in politics in advancing a political agenda, interfering with our ability to provide the public safety, that we took an oath to provide for the people of our county and for the people of our country," Hodgson said.

"This is a political act, intended to intimidate sheriffs who are cooperating with ICE on an aspect of law that the governor disagrees with.  It's intended to expose them potentially to lawsuits to make them afraid to cooperate with ICE," said Jessica Vaughan of the Center for Immigration Studies.

The memo was sent from the Executive Office of Public Safety --Secretary Andrea Cabral's office-- to the Massachusetts Sheriffs Association.

It's dated Tuesday, Sept. 2. It refers to an August 20 meeting of the sheriffs, and says it was part of a memo from the secretary to the governor.

The memo points out "the Fourth Amendment only permits seizure of a person suspected of a crime for up to 48 hours until a judicial determination of probable cause can be made."

Then, it says, "it does not authorize detention for 48 hours based upon an arrest warrant for which the probable cause was determined by an immigration official, not (nor) does it authorize detention for up to 48 hours until immigration officials decide to act on a detainer.

Vaughan says this puts sheriffs in the middle of a political battle over the secure communities program, and says it's based on unsettled law.

"What is controversial about this is Secretary Cabral is suggesting to sheriffs they will be violating someone's constitutional rights simply by honoring an ICE detainer and a detainer is something that ice has the authority to issue."

Worcester County Sheriff Lew Evangelidis, in a statement, says he's currently reviewing federal regulations pursuant to ICE detentions, and until the federal courts say otherwise, they'll continue processing detainer requests they receive from ICE.

FOX 25 political reporter Sharman Sacchetti tried talking with Governor Patrick, whose only public event Wednesday was chairing a meeting of the governor's council. She was told he wouldn't speak with FOX 25.

Sacchetti tried speaking with his secretary of public safety, Andrea Cabral, but her spokesperson said she was out of the office sick and that we would have to wait until Thursday.

So after some back and forth, a spokesman for Cabral, Terrel Harris, accused Sacchetti of relying on Sheriff Hodgson's criticism to create a story.

His statement reads, "Secretary Cabral regularly attends meetings of the Massachusetts Sheriffs Association to discuss issues relevant to corrections, and attended one such meeting last week, where the issue of ICE detainers came up. There was no mention of secure communities at the meeting and neither Sheriff Hodgson nor Sheriff Evangelidis attended."

The statement continued, "following that meeting, the secretary sent factual information on the topic to the MSA at their request. The information in the document is factual and is not anything new."    

He goes on to say, "The administration has been clear about our position on secure communities, but it is the law and we have and will continue to implement the law as it is."

On Thursday, Sacchetti talked to Governor Patrick about the issue. They had the following interaction:

Sharman Sacchetti: The sheriffs are saying you're trying to block ICE detainers because you're saying its a violation of the Fourth Amendment.

Gov. Patrick: The law is the law.

We don't make the law through memos.

The memo you're asking me about you've been told, I've never seen it but i know there was guidance sent out to the sheriffs by Secretary Cabral and that guidance is consistent with the law.

SS: It sounds like it's sort of a loose interpretation, it sounds like it's unsettled law.

GP: No I don't think it's a loose interpretation i think the only ones who are complaining about it are the ones who keep trying to stir up something about secure communities.

That issue is settled.

SS: And so you're not looking to block any sort of ICE detainers?

GP: No. no. the law is the law. And I'm not looking to change that.