With the violent, deadly actions of U.S. Immigration and Customs Enforcement agents in Minnesota and elsewhere drawing attention, the Needham Select Board asked Needham Police Chief John Schlittler to come to its Jan. 27 meeting to report on department policies. Select Board members wanted to know what boundaries Needham police have in working with ICE, and how they would keep Needham residents and community members safe should federal agents appear here.
Select Board member Cathy Dowd pulled no punches. She listed the deadly incidents and described the warrantless home invasions, then said, “We are in a new situation where we have an arm of federal law enforcement that is violating people’s rights on a regular basis. Traditionally, we have granted an automatic deference and cooperation to federal law enforcement for good reason. And there was not a reason to question that. However, now I think we might want to review our policies and practices to see if we desire to make any changes.”
Using prepared remarks, Schlitter said, “The role of our police department is to enforce local and state laws, not federal law. That’s why they have federal agencies. It’s imperative for us that all Needham residents or any victim of a crime or [anyone] in need of help in our community feel comfortable and safe coming to the Needham Police Department for help regardless of their status.”
Over the course of his remarks and in response to board members’ questions, Schlittler said there were two statewide policies that would be the key to guiding interactions between ICE and the Needham Police. The first, developed out of the 2017 Massachusetts Supreme Judicial Court case Lunn v. Commonwealth, places limits on local police departments’ responsibility to support federal immigration investigations. The court decided that “state and local law enforcement officers have no legal authority to arrest, detain, or hold an individual based solely on a federal civil immigration detainer,” as a Massachusetts attorney general publication puts it.
Simply being in the U.S. without legal immigration papers is a civil offense, Schlittler said, and a detainer is not a warrant issued by a court. That means if an individual is arrested for another reason and the immigration detainer shows up when officers look for outstanding warrants, police cannot hold the individual for any longer than the normal time it takes to process the current arrest.
“An ICE civil detainer is not a judicial warrant; it’s an administrative request from a federal agency. And they determined in that case, holding an individual beyond their lawful release time solely based on an ICE detainer, is considered an unlawful arrest under Massachusetts law. Our officers have been trained in this.”
However, Needham officers could be expected to assist if there were a warrant for arrest issued by a federal judge. “If an individual is suspected of federal immigration-related crime, for example human trafficking under the US Code 1324, those are some things that we can take action on. It really comes down to a judicially issued arrest warrant.”
The other relevant overarching policy, he said, is a law enacted by the state requiring police officers to attempt to de-escalate a situation before using force and, significantly, to intervene when other officers are using excessive force. That means police officers across the state would have to intervene if they saw federal agents using choke holds, improperly using weapons or committing similar acts of extreme violence.
“We’re held to that standard, regardless if it’s campus law enforcement or federal authority,” Schlittler said. “We still have a duty to respond.”
Member Josh Levy asked about reports that local police are not allowed to participate when ICE is on the streets.
If ICE comes to town, Needham Police will be present to keep the peace. “It’s our town,” said Schlittler. “We’re going to respond and we’re going to do what we can to keep everybody safe. They don’t have authority to tell me that the police department can’t go to a place in our jurisdiction. So we’re going to be there to keep the peace and protect our officers and the residents. And you.”
Board members, while showing great concern about the national situation, generally lauded the Needham Police Department’s approach and community engagement (there were special kudos for the department’s social media effort). Still, with Town Manager Katie King’s input, they agreed that an overall policy review was in order.
“I want to acknowledge that the Needham police have done a lot of work over the past few years to remind everyone that they are both a friend to this community and members of this community,” Select Board Chair Heidi Frail said. “And when we talk about the police intervening and protecting us, we have to remember that these people are part of our community. We want to make sure that we don’t unnecessarily jeopardize them even in the line of this very dangerous career that they have chosen.”
Still, Frail said, “I’m always in favor of reviewing the policy. This is something that is absolutely on the minds of our residents. And they want reassurance.”
As he was leaving the Select Board meeting, the Observer asked Schlittler whether these issues are on officers’ minds.
“It’s hard for us to relate to what’s going on halfway across the country,” said Schlittler. “Our laws are so different and restrictive in protecting people’s rights and so forth. So we are at a different level. I think when you look at the Northeast, you look at our training … you have a lot more training than you would maybe in some other parts of the country. Higher education levels here. So the officers are in a good place.”
He offered basic advice for Needham residents who might want to monitor or protest ICE activity in the region: “Don’t impede and don’t obstruct. Don’t get in the way. That’s one of the big takeaways. We have this beautiful right in this country to protest, First Amendment rights. It’s important to exercise those [rights], but do it in a peaceful manner.”
Save as PDF