In the Public Safety and Transportation Committee meeting on March 18, City Councilors discussed how the City should respond to federal immigration enforcement, as officials outlined limits to local authority and some Councilors called for clearer guidance.
City Solicitor Alissa Giuliani, the City’s chief legal advisor, began by outlining Newton’s Welcoming City Ordinance, passed in 2017, which restricts how local officials engage with federal immigration enforcement. She said the ordinance bars police from making arrests based solely on immigration status, and it limits cooperation with immigration authorities unless required by law.
Chief of Operations Josh Morse added that written policies can go only so far, emphasizing the need for flexibility and continuous training and drilling.
Concerns
Ward 4 City Councilor Joshua Krintzman said he is troubled by what Immigration and Customs Enforcement (ICE) is doing nationally and pointed to widespread “consternation” across the city.
“Information and certainty are the antidote,” Krintzman said.
Ward 5 City Councilor Brittany Hume Charm said the City should consider what more can be done.
“Sometimes there is a false sense of security that says, ‘Oh this shouldn’t be a priority,’ but there is both general anxiety among our residents, who are vocal, passionate people here in Newton, and also an acute anxiety among a smaller population,” she said.
Charm, who works at Boston City Hall, noted that Boston has already issued formal guidance on how that city will respond to ICE activity. She said she was surprised that Newton has not done the same. Clear guidance, she said, would help City staff understand how to respond if an incident occurs in a municipal building.
In a press conference in February with Boston’s Mayor Michelle Wu and other municipal leaders across Greater Boston, Mayor Marc Laredo announced an executive order that reaffirmed the Welcoming City Ordinance and outlined Newton’s defensive stance against federal immigration enforcement. It stopped short of Mayor Wu’s executive order for Boston, which stated that (1) “the Boston Police Department shall investigate all violence, property damage, and allegations of criminal conduct, including by federal officials” and (2) “calling 9-1-1 is an appropriate response to warrantless entry of private homes and businesses.”
Police Chief Timothy Cahoon said his department remains committed to protecting the rights of all residents.
“We absolutely encourage folks to speak their minds, to peacefully protest, to do all of the things that they are entitled to do under the Constitution,” he said, “but they cannot impede or obstruct or commit any other crime, whatever it may be, or they run afoul of federal laws or state laws for that matter.”
When asked by Councilor Charm about whether residents should call 911 if they see masked people that they believe might be federal agents entering a building, Cahoon said if residents see people who are masked, then they should call 911. If they know it to be an immigration issue, he said, he would rather they called the police department’s business line.
“I never want to chill the response of our emergency system,” he said.
Mayor’s response
On Monday, March 23 following the Public Safety and Transportation Committee meeting, Mayor Laredo told Fig City News he stands by the City’s approach to ICE activity.
“Our police department and schools are well-trained in what they can and can’t do,” he said. “What I will not do – and I’ve made this 100% clear – is I will not put our police officers in a situation where they are in direct confrontation with armed ICE agents.”
While expressing confidence in Newton police, Laredo said he could not speak to the level of training among ICE agents.
Laredo said the City’s legal department is working closely with the Massachusetts Attorney General’s office and is in frequent contact with officials in other municipalities such as Boston, Cambridge, Somerville, and Brookline to ensure a coordinated response.
When asked about the future of ICE activity in Newton and other municipalities, Laredo said he is uncertain.
“I certainly don’t have a crystal ball,” he said. “Regardless, we will remain prepared, we will remain vigilant. I have tremendous trust in both our police department and our legal department that they will help us tackle any issues and we’ll do it promptly, appropriately, fairly, and safely.”
Residents’ reactions
Al Cecchinelli, former candidate for mayor, watched the event from the Council Chamber gallery.
“I’ve got a very simple solution for the one-page direction on what the employees should do,” Cecchinelli said. “They should welcome, comply, and assist any federal agency.”
He said he was dismayed that public comment was not allowed at the meeting, and he objected to the notion that everyone shares the same views on the issue.
Newton resident Karen Bray said there could be signs at the entrances of Newton notifying people of the City’s sanctuary city status.
“They [the police] should be adamantly doing everything that can be thought of to protect us from ICE,” Bray said.
Kia Freeman, a practicing lawyer and Newton resident, said an exception in the Welcoming City Ordinance – allowing police to cooperate with federal agents in terrorism-related cases – could undermine the policy if it is applied too broadly.
“So the exception to the Welcoming City Ordinance has already swallowed the rule that is in the ordinance, and it really needs to change,” Freeman said.
Freeman said she had seen a police officer handle protesters appropriately at a recent rally, respecting their First Amendment rights to free speech and assembly. Still, she said, police need to do more to protect residents protesting ICE.
“Our city is tiptoeing around, and we can’t tiptoe when the feds are breaking all the laws,” she said.
The Public Safety and Transportation Committee ultimately deferred action on the item, leaving questions about the City’s response open for more discussion. (See NewTV video of the meeting.)
