Belmont Police ‘Not in the Habit’ of Asking Immigration Status

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Photo: Belmont Police badge and patch. 

When asked about the department’s policy regarding persons with illegal status in the country, Belmont Police Assistant Captain James MacIsaac said while the department does not have written guidelines, when it comes to conducting local policing, “Belmont’s officers are not in the habit of asking about the immigration status of a victim, witness, or suspect.”

But while being an illegal immigration will not solely lead to that person’s arrest, if Belmont Police is asked by federal authorities to detain a person not lawfully in the country who is in custody for a crime, “I would expect our officers to cooperate,” said MacIsaac. 

The question of police cooperation with federal immigration law is at the heart of a likely citizen’s petition being prepared by residents which would make Belmont a “sanctuary” community through a vote at May’s annual Town Meeting. 

Belmont sanctuary supporters are pointing to a effort in Arlington, using similar language that would prevent local police from “engaging in or assisting in Immigration and Customs Enforcement in reporting, arresting, detaining deporting, or taking any other law enforcement action unsupported by separate and distinct warrants or probable cause from criminal conduct unrelated to immigration status.” 

Belmont Police’s current policy appears to takes a hands-off approach to the legal status of residents and visitors to Belmont: being an illegal immigrant or migrant is not of the utmost importance for law enforcement. 

MacIsaac said typically Belmont officers will encounter a person whose immigration status would be “questionable” occurs during a traffic stop.

For example, if a driver does not have a license, the officer may discover the person is a foreign citizen who is unable to obtain a Massachusetts RMV license because they do not have legal status in the US.

But that is as far as Belmont Police will go on the person’s status

“[T]he the fact that the immigration status would be questionable does not lead to actual questioning about the status,” said MacIsaac.

“Officers in these circumstances handle their business with a possibly illegal immigrant using state laws about driving unlicensed and then move on,” he said.

MacIsaac said only when a person is arrested would their illegal status officially come to the department’s attention.

As with all who are arrested f0r a crime in Belmont, the arrestee’s fingerprints are transmitted to the Massachusetts State Police and the FBI which assists the Department in identifying the person arrested, if they have a criminal record and determining if there are outstanding warrants.

One of the databases that fingerprint records are checked against, automatically, is one maintained by Homeland Security.

In response to the information that an alien with illegal status is in currently in Belmont PD custody, an official with Homeland Security could send to Belmont Police an “immigration detainer” which allows them to hold the person in custody for up to 48 hours in addition to whatever time they might be arrested for any state charges.

In Belmont, cooperating with the federal government’s request is part and parcel of good policing.

“In the media, one hears the heads of different law enforcement agencies say that they do or do not cooperate with these detainers. For my part, I expect that our officers will assist every US law enforcement agency in the accomplishment of their [legitimate] objectives, just as we would expect the same cooperation from those agencies in the accomplishment of our objectives,” said MacIsaac.

So far, the department has only seen one or two of these detainers, said Macisaac and its cooperation had been limited to providing the detainer to the district court for its action when we transfer a prisoner.

“It has certainly been less burdensome than other forms of civil detention in which the department is involved,” said MacIsaac.

For MacIsaac, the primary job of the department is to protect Belmont’s residents and visitors from crime, no matter the citizenship or immigration situation of the suspect.

“If inquiring into and using the immigration status of a person might help [us] remove from our community a serious criminal more quickly or effectively for the protection of our residents, I certainly support our officers in doing so,” said MacIsaac.

Group Seeking ‘Sanctuary Town’ Status For Belmont

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Photo: Anne Mahon speaking before the Belmont Democratic Town Committee

A group of politically progressive Belmont residents is pushing forward with a citizen’s petition designating Belmont a “sanctuary” community to be voted on at the annual Town Meeting in May.

“We’re not doing this to wave a flag and make ourselves feel warm inside. There are people that are really afraid,” said Anne Mahon, chair of the Belmont Democratic Town Committee who presented the plan before two dozen members at its monthly meeting on Thursday, Feb. 2 at Town Hall.

Mahon said the committee’s move is in response to a ban of travelers from seven majority Muslim nations and halting of the resettlement of Syrian refugees by President Trump. 

“Belmont has residents with green cards and Visas because top scientists, doctors, and engineers are always being recruited from around the world to work at our universities and firms. They come here because we have one of the finest school systems as well as proximity to their job locations. We want our families to all feel safe here,” she said.

Mahon said supporters of the proposal expect an increase in deportations of not only undocumented immigrants but people in the country with a “green” card and student and work visas.

“We have local families that are afraid to visit a sick family member abroad for fear they will be denied access to their return,” she said.

“Imagine how horrible that would be … to have a job and a residence here, a dying parent abroad that they wish to comfort, but worry America won’t let you back in.”

A sanctuary community enacts laws placing limits on how much local police or town officials can cooperate with requests from federal authorities to hold immigrants in custody.

“There are people in Belmont we know who can’t leave the country because they don’t know if they can come back,” she said.

While most in attendance were approving of the measure, the Democrats want to see the petition sponsored by the town’s Human Rights Commission – as it was done in Arlington – to ensure a non-partisan debate at Town Meeting. 

“This is a bipartisan issue. This is just neighbors looking out for neighbors,” she said.

Belmont would join neighboring communities Newton and Arlington which have started their efforts to secure sanctuary status. Boston, Cambridge, Somerville and Amherst have established policies limiting cooperation with federal immigration authority.

Mahon said Belmont would use language similar to Arlington’s proposal [see below] which would prevent town police from enforcing federal immigration laws or for them to ask the immigration status of people they meet.

So far, reaction to Arlington and Newton has been mixed. While the language is still being crafted, Arlington’s Board of Selectmen has placed the article into its annual Town Meeting set for April but have yet to vote on a recommendation. In Newton, Mayor Setti Warren is backing one of two ordinances, but he and supporters have seen considerable pushback from those who feel the measure would threaten to shortchange the town of federal funding.

Trump has threatened to take away federal grants from sanctuary communities if they do not help deport immigrants.

Mahon said an analysis by the town’s treasurer found the financial hit to Belmont if the administration bans federal funds would be minimal with the town receiving just about $50,000, mostly in affordable housing grants.

Arlington’s Sanctuary Town resolution

To see if the Town will resolve to become a Sanctuary Town, joining hundreds of municipalities nationwide, providing a safe haven and sanctuary for undocumented residents of our Town, and protecting all residents from hate and prejudice, provided, however that this resolution shall not prevent law enforcement from investigating, arresting or charging someone for a crime or other legal infraction, or take any other action related thereto.

Inserted at the request of the Human Rights Commission

ARTICLE RESOLUTION/SANCTUARY/TRUST ACT COMMUNITY

To see if the Town will resolve to become a Sanctuary Town, joining hundreds of municipalities nationwide, providing a safe haven and sanctuary for undocumented residents of our Town, and protecting all residents from hate and prejudice, provided, however that this resolution shall not prevent law enforcement from investigating, arresting or charging someone for a crime or other legal infraction, or take any other action related thereto.

AND/OR

To see if the Town will vote to adopt a resolution that Arlington serve as a “Trust Act” Community (also known as a “sanctuary community”) to ensure that all immigrants can fully and safely participate in the civic and economic life of the Town by resolving to refrain from among other things: using Town resources for the purpose of gathering information regarding the citizenship, immigration status, ethnicity, national origin, religious affiliation for discriminatory purposes; engaging in or assisting in Immigration and Customs Enforcement in reporting, arresting, detaining deporting, or taking any other law enforcement action unsupported by separate and distinct warrants or probable cause from criminal conduct unrelated to immigration status; or take any action related thereto.

Comment: A number of simultaneous efforts by Town residents and bodies, including the Arlington Human Rights Commission have expressed great desire to establishing Arlington as a “Sanctuary Town” or “Trust Act” community. I am aware that this matter is separately on your agenda as the Arlington Human Rights Commission plans to present their version of a warrant article (the former above) as part of a wider discussion for your endorsement. If the Board is so inclined, there may be some distinctions between the ultimate Town Meeting motion pursued by like- minded efforts, but overall it is my recommendation that if either or both are pursued, they are presented as resolutions.

I also look forward to the opportunity to discuss some of the distinctions between Trust Act ordinances adopted by neighbors such as Boston and the town’s legislative options.