Voters in all six Island towns this year will decide whether to join a growing list of cities and towns across the country that have pledged support for their immigrant communities and existing law enforcement procedures.
An annual town meeting article asks the selectmen in every town “to refrain from using town funds and/or resources to enforce federal immigration laws, in keeping with current practices, unless presented with a criminal warrant, or other evidence or probable cause,” as required by the U.S. Constitution.
We Stand Together, an Island coalition that formed after the November election, submitted the article by petition, gathering signatures in each town but also stirring debate about whether the article is necessary.
Island police chiefs and others had initially taken some offense to the article, which aims to reaffirm local procedures for dealing with U.S. Immigration and Customs Enforcement (ICE) in response to recent federal policies. Some also worried it could put the Island at risk, in light of efforts by the new administration in Washington to punish sanctuary cities by withholding federal funds.
But following a joint meeting on Tuesday, members of We Stand Together, along with Island police chiefs, said they had reached a new understanding and would begin drafting a joint statement to read aloud at every town meeting. “We made a lot of headway today,” Edgartown police chief David Rossi told the Gazette following a meeting of the Martha’s Vineyard law enforcement committee on Tuesday, which was attended by all six Island police chiefs, Dukes County sheriff Robert Ogden, members of We Stand Together, town selectmen and others at the county administration building. “I think there was a lack of communication, but we have a much better understanding now,” Mr. Rossi said. “It’s really not an adversarial thing.” Mr. Ogden agreed, saying the meeting had helped iron out some of the differences that emerged this year. “I think that it cleared the air a little bit,” he said. “And it’s always better to sit around a table and mete things out so everyone understands it. I think oftentimes things are lost in communication.”
“These warrant articles have always been about community policing and community safety and supporting local law enforcement,” said Irene Bright-Dumm, a spokesman for We Stand Together. “I think this morning we had a really productive dialogue to reiterate all of that. And I think we are lucky enough to live in a place where our police understand the value of community policing.” It was unclear exactly what the joint statement will say, although Aquinnah police chief Randhi Belain told the Gazette that the same statement would be read at each town meeting and help create a unified message. West Tisbury selectman Richard Knabel, who has been attending We Stand Together’s weekly meetings at the charter school, said Monday that the warrant article aims only to affirm current practices and send a message of support to the immigrant community. “It’s basically a slap on the back to the police force, saying, ‘Hey, we basically like what you are doing, keep doing it,’” he said.
One effect of the article has been to help clarify the relationship between ICE and Island police departments in terms of enforcing federal immigration law. As in other communities, information about people who are jailed at the Edgartown house of correction is automatically sent to ICE. If bail is later posted, it could trigger a so-called detainer notice from ICE, requesting that the county continue to hold the person for up to 48 hours. But Mr. Ogden said that doesn’t happen very often, and when it does, the county refuses.
“Primarily, we take our orders from the commonwealth,” he said. “In our facility, we have a standing order that states that any request for voluntary action from ICE, we will not uphold.” He added that all police on the Island have the same mandate and that Island police officers do not make arrests based on immigration status. “Someone would not come here just based on ICE, but because they broke the law,” he said.
Some communities in the state, including Barnstable and Bristol counties, have special agreements with the federal government, known as 287(g) programs, that allow them to carry out ICE activities on their own. But Mr. Ogden said that would place a heavy burden on Island police departments, since they would need to cover the additional costs. Mr. Knabel said Island chiefs had no interest in forming that type of agreement on the Vineyard.
But recent federal efforts surrounding illegal immigration, including President Trump’s Jan. 25 executive order aimed at strengthening federal immigration procedures and punishing sanctuary cities, have created a climate of uncertainty on Martha’s Vineyard and among its large Brazilian community.
Meiroka Nunes, a member of We Stand Together who administers the Portuguese-language Facebook page Brazukada, said the town meetings this year were themselves a cause for concern. “We are not sure what’s happening after this,” she said, noting that the petition article has drawn even more attention to the immigrant community. “If the article goes through, it’s good for us,” she added. But she also noted that its failure could send a much different message to the community.
Ms. Nunes acknowledged that Island police departments do not target Brazilians in particular, but she said many undocumented immigrants live in fear of committing a minor offense and being turned over to ICE. As a result, she said, many families are becoming more isolated from public life. “If you walk around Martha’s Vineyard right now, the people just go to work and go home,” she said, adding that most people simply want to raise their families and feel protected.
Anywhere from 40 to 80 people have been attending the weekly meetings of We Stand Together. Five subcommittees are exploring issues related to climate change and the environment, women’s issues, education, civic engagement and immigration concerns. Some discussions are translated into Portuguese, and Ms. Nunes said she is able to reach thousands of Islanders through Brazukada. Among other things, she said, We Stand Together has increased the level of trust between members of the immigrant community and police departments on the Island.
Other communities across the state have taken similar action in regard to reaffirming local law enforcement procedures or pledging not to honor ICE requests without a warrant. The cities of Lawrence and Chelsea have gone further and sued Mr. Trump over his efforts to cut funding for sanctuary cities. Cape and Islands state Sen. Julian Cyr is among dozens to co-sponsor the state’s Safe Communities Act, which among other things would prohibit the use of state funds in federal immigration enforcement.
Meanwhile, the state Supreme Judicial Court this week heard arguments in a case involving a local court’s use of an ICE detainer to hold an undocumented immigrant in jail after a criminal case had been dismissed. At issue is the question of whether local courts or law enforcement agencies can legally hold people based solely on an ICE detainer.
In a statement, Mr. Cyr said the recent efforts by We Stand Together, along with feedback from many constituents following the executive order in January, spoke to the Cape and Islands as an “inherently welcoming place,” and he said people in his district “will stand up against federal policy that demonizes immigrants.”
Ms. Bright-Dumm said Tuesday that she couldn’t predict how Island towns would respond to the town meeting article, but she was confident that Island police chiefs and We Stand Together would be on the same page going forward. “I got the sense that we all want the same thing,” she said.
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