Proposed Massachusetts bill would allow ICE detainers to be honored for 36 hours
BOSTON - When it comes to ICE detaining undocumented immigrants who have committed crimes, some Republican lawmakers in Massachusetts say it's time to close a loophole. A proposed bill would give a 36-hour buffer for law enforcement to hold someone beyond their entitled release date if ICE has a detainer on them.
"We can't hold them"
"The current law means if they get a chance to bail themselves out, they can walk out the door, we can't hold them and we need to close that loophole. It's as simple as that," said Worcester County Sheriff Lew Evangelidis who worked with lawmakers to draft the bill.
It's a highly charged environment now with fear in many immigrant neighborhoods about ICE moving in. But Evangelidis says this bill addresses concerns about violent criminals going back to the communities, and ICE can't always be there immediately when they walk out the door.
"I don't know how that serves the public safety interest when it's a simple short window we're looking for," Evangelidis said.
But Jeff Thielman with the International Institute of New England believes holding someone on a request from ICE will only add fuel to the fear. "Anytime you say we're going to give ICE more rights, ICE more privileges, ICE more money, ICE more resources, it creates fear in the immigrant community," said Thielman.
Buffer eliminated in 2017
In most states ICE has a 48-hour buffer to enforce a detainer. Massachusetts eliminated it back in 2017 when Governor Maura Healey was Attorney General, the state's highest court sending the issue back to the legislature.
"If I have the ability to get people removed from my community who pose a safety risk, I don't know why anyone in my shoes wouldn't use that," said Evangelidis.
Jeff Thielman says now is not the time to revisit it. "It can't even be addressed and thoughtfully worked through in this kind of environment right now, because emotions are very high," Thielman said.