Boston Herald

ICE OUT IN THE COLD

Cops increasing­ly denying requests to hold illegals

- By JACK ENCARNACAO — jack.encarnacao@bostonhera­ld.com

Federal immigratio­n officials have been increasing­ly blown off by Boston-area authoritie­s when they ask that illegals in police custody be detained for possible deportatio­ns, according to new U.S. data.

The pushback from the Hub area bucks a national trend that has seen a sharp drop in the number of detainer requests by the U.S. Immigratio­n and Customs Enforcemen­t that have been denied by local law enforcemen­t.

The data, obtained from ICE by the Herald, shows the Boston ICE office — which covers all of New England — saw 59 of its requests to hold on to arrested immigrants denied last year. That’s up from 56 in 2015 and just 18 in 2014.

Meanwhile, the denial rate of ICE detainers nationally has plummeted, from 10,701 in 2014 and 8,546 in 2015 to 2,008 last year.

Jessica Vaughan, director of policy studies for the conservati­ve Center for Immigratio­n Studies, said Boston’s detainer denial rate is particular­ly disturbing after ICE decided to expressly focus on immigrants with criminal records.

“They’re really boiling it down to worst of the worst,” Vaughan said, “and if they’re rejecting even those detainers, you have to ask yourself what public safety risk they are creating.”

A Herald special report in September revealed that Massachuse­tts deported the lowest percentage of illegal aliens of any state in the nation last year — and had the third-highest rate of granting asylum. The state’s immigratio­n court deported just 26.9 percent of illegals who came before it, the lowest average rate in the U.S. — and well below the national average of 46.4 percent.

The increase in Bostonarea ICE denials coincides with the enactment of sanctuary policies in many cities that shield noncrimina­l immigrants from deportatio­n, as well as state court decisions deeming that suspects cannot be held without bail just because ICE has issued a civil detainer request for them.

Bristol County Sheriff Thomas Hodgson, who’s proposed using inmates to build a border wall and said his office always complies with ICE detainer requests, said brushing off ICE creates a damaging gulf among law enforcemen­t agencies, local and national.

“It would completely go against the grain of what I believe we ought to be doing ... which is supporting one another with resources, fulfilling the request when another agency identifies that this person is of concern based on what they see,” Hodgson said.

ICE considers a detainer request “denied” whenever immigrants they ask be held are released before agents can pick them up.

Boston Police say their hands are tied, insisting that bail commission­ers are the ones who make decisions on whether someone with an ICE detainer is released.

In August, Commission­er William B. Evans re-issued a memo originally sent by his predecesso­r reminding officers that “all prisoners

who are subject to ICE Detainers must receive equal access to bail commission­ers, which includes notifying said prisoner of his or her right to seek bail.”

The memo requires officers to notify bail commission­ers of any received ICE detainers upon their arrival at a police station.

“The department is in the process of determinin­g how many ICE detainer requests were received in 2016,” BPD spokesman Michael McCarthy said yesterday.

Recent state court decisions — starting in 2014 and ending in a May ruling by a single Supreme Judicial Court justice — found arrested immigrants who post bail can’t be held simply because they have ICE detainers on them, as they could with an active criminal warrant.

Bail commission­ers and magistrate­s can, however, weigh an ICE detainer in deciding what bail amount to set. Commission­ers rely heavily on informatio­n provided them by police in setting bail.

ICE sidesteppe­d the question of why Boston’s compliance rate has bucked the trend.

An agency spokesman said in a statement that detainer denials are down nationally because its “Priority Enforcemen­t Program” — which focuses ICE actions on convicted criminals and threats to public safety and national security — has built trust with local authoritie­s.

“With the implementa­tion of the Priority Enforcemen­t Program (PEP) in July 2015, many law enforcemen­t agencies, including some large jurisdicti­ons, are now once again cooperatin­g with ICE,” spokesman Shawn Neudauer said.

Amy Grunder of the Massachuse­tts Immigrant and Refugee Advocacy Coalition said the Boston-area stance on ICE detainers has built needed trust between local police and immigrant communitie­s.

“I think it indicates good policing, that’s what I think it indicates,” Grunder said. “Because police resources are being used to protect communitie­s, and that’s what the police are for. They’re not for immigratio­n enforcemen­t.”

 ??  ?? DETAINER DIVIDE: Police Commission­er William B. Evans, left, said prisoners with ICE detainers must be given equal access to bail commission­ers, while Bristol Sheriff Thomas Hodgson, right, says he always complies with detainer requests. Jessica...
DETAINER DIVIDE: Police Commission­er William B. Evans, left, said prisoners with ICE detainers must be given equal access to bail commission­ers, while Bristol Sheriff Thomas Hodgson, right, says he always complies with detainer requests. Jessica...
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 ??  ?? GETTY IMAGES FILE PHOTO, TOP; STAFF FILE PHOTOS, FROM LEFT, BY PATRICK WHITTEMORE, ANGELA ROWLINGS AND MATT STONE
GETTY IMAGES FILE PHOTO, TOP; STAFF FILE PHOTOS, FROM LEFT, BY PATRICK WHITTEMORE, ANGELA ROWLINGS AND MATT STONE

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