Article 34 Welcoming Inclusive and Safe Community March

Article # 34 Welcoming, Inclusive and Safe Community March 26, 2018 Presentation by Lexington People Power Todd O. Burger, Co-chair Tony Rodriguez, Co-chair

Lexington People Power (Left to right) Todd Burger, Catherine Rielly, Freda Flammer, Tony Rodriguez, Jessica Bethoney, Aruna Sharma, Lenka Zbruz, Anne Engelhart (not in picture), Bonnie Brodner (HRC Liaison, not in picture) • Organized: March 2017, with meetings in two Lexington living rooms under guidance of the American Civil Liberties Union (ACLU) • Who Are We: Teachers, parents, engineers, health professionals, consultants, and policy analysts. Annual Town Meeting 2018 2

Lexington People Power Goals We are working to ensure that the civil liberties of all U. S. residents, regardless of immigration status, are protected: • LOCAL: Make Lexington a Welcoming, Inclusive and Safe Town • STATE: Advocate for passage of the Safe Communities Act (SCA) • NATIONAL: Fight unjust immigration policies, including cancellation of Deferred Action for Childhood Arrivals (DACA) and ending extensions of Temporary Protective Status (TPS) Annual Town Meeting 2018 3

The Safe Communities Act (SCA) • The SCA bars use of local & state police from arresting or detaining a person solely for federal immigration enforcement. • This fosters good policing, which depends upon trust and communication. • Without the SCA, undocumented immigrants will remain discouraged from reporting crime or contacting the police. • Nearly 20 municipalities across the Commonwealth have adopted by-laws, resolutions, ordinances & policies to reflect many of its provisions, since the legislature has failed to act. Annual Town Meeting 2018 4

MA Towns & Cities that Have Passed Welcoming Laws or Policies Municipality Amherst Annual Town Meeting 2018 Population Estimate (millions) 0. 040 Acton 0. 023 Boston 0. 692 Brookline 0. 060 Cambridge Chelsea Gill Orleans 0. 116 0. 041 0. 002 0. 006 Worcester 0. 192 Lawrence 0. 081 Northhampton 0. 029 Somerville 0. 086 Arlington Newton Salem Concord Bedford 0. 046 0. 091 0. 044 0. 019 0. 014 Total State Population 1. 584 6. 900 What Was Enacted? Description Bylaw Sanctuary City Bo. S Policy Sancturay Town Statement City Ordinance Trust Act Resolution, Police Policy Manual Sancturay Town Changes Resolution Sanctuary City Resolution? Sanctuary City Unofficial Refuses to Adherence cooperate with ICE City Ordinance Trust Act Mayoral Executive Sanctuary City Order Resolution Welcoming City Ordinance Sanctuary City Resolution Welcoming City 23. 0% 5

The Effect of Welcoming Policies (comparing sanctuary counties to non-sanctuary counties) • There are, on average, 35. 5 fewer crimes committed per 10, 000 people • Median household annual income is, on average, $4, 353 higher • The poverty rate is 2. 3 percent lower, on average • Unemployment is, on average, 1. 1 percent lower. • Sanctuary counties with the smallest populations see the most pronounced effects. Annual Town Meeting 2018 6

Why Act Locally? • The SCA has not been approved by the legislature and acting locally will encourage passage of the Act. • When local police collaborate with ICE (Immigration and Customs Enforcement), it erodes trust in the community. • When people are afraid to interact with town officials, since it could lead to immigration status questions, they do not seek help, they do not report crimes, and they do not cooperate with police in fighting crime. Annual Town Meeting 2018 7

What the Article 34 Motion Will Do • Protect the civil liberties of undocumented persons in Lexington • Improve trust between residents and our police department staff, and consequently improve public safety • Greatly reduce the likelihood that the town could be sued by persons asserting that their civil liberties were infringed upon by local police acting on behalf of federal immigration authorities (This happened in other jurisdictions with significant burdensome settlements. ) Annual Town Meeting 2018 8

What The Article 34 Motion Will Not Do • This motion will not stop police from investigating crimes or prosecuting anyone who commits a crime. • This motion will not stop police from collaborating with federal agencies, including ICE, as part of criminal investigations such as operations to stop gangs or drug traffickers. Annual Town Meeting 2018 9

Article Aligned with Town’s Historic Path • This motion builds on Lexington’s proud and longstanding heritage of defending its civil liberties. • It is also a logical next step after the Board of Selectmen’s 2017 Inclusivity Proclamation • That Proclamation stated that: “Lexington strives to be a welcoming, inclusive and safe community for everyone. ” (emphasis added) Annual Town Meeting 2018 10

Warrant Article 34 Resolution To Make Lexington a “Welcoming, Inclusive, Safe Community” This article concerns the rights and relationships between Lexington Police Department employees (including their agents) and undocumented immigrants, living, working and traveling through the Town of Lexington. Annual Town Meeting 2018 11

Warrant Article 34 Motion MOTION: Resolved that the Town is committed to making Lexington a truly “Welcoming, Inclusive and Safe Community”. To this end be it further resolved that the Town of Lexington herby announces its support for the Safe Communities Act (SCA, S. 1305 & H. 3269), currently before our legislature Annual Town Meeting 2018 12

Warrant Article 34 Motion (continued) In support of this resolution Town Meeting asks that the Town take the following actions, as soon as practical: 1. Update the Policy and Procedures Manual so that it is fully compliant and fully aligned with the SCA, as summarized in item 6 below. Annual Town Meeting 2018 13

Warrant Article 34 Motion (continued) 2. Train all police department employees, with respect to these changes in the Policy and Procedures Manual. 3. Inform the community through public communications, municipal signage and other means deemed appropriate, that the town is a Welcoming, Inclusive and Safe Community. Annual Town Meeting 2018 14

Warrant Article 34 Motion (continued) 4. Provide quarterly reports by the Lexington Police Department to the Board of Selectmen on all contacts in aggregate, and the nature of those contacts, with ICE or other federal immigration authorities. 5. Report any subsequent changes to the Policy and Procedures Manual related to this resolution in a Public Hearing. Annual Town Meeting 2018 15

Warrant Article 34 Motion (continued) 6. Refer to these key SCA points, when updating the Policy and Procedures Manual: A. Ensure Equal Treatment Under the Law B. No Facilitation Without a Criminal Judicial C. No Deputizing of Local Officials for Immigration D. ICE Notification E. No Release of Records, Information or Access to Facilities Without a Criminal Judicial Warrant F. Individuals Subject to ICE interventions G. U Visa Verification H. No Participation in Raids and Other Immigration Enforcement Actions I. Compliance with Federal Law J. Compliance with State Law Annual Town Meeting 2018 16

Warrant Article 34 Resolution to Make Lexington a “Welcoming, Inclusive, Safe Community” Questions? Annual Town Meeting 2018 17

Item #6 Key Points Defined Resolution to Make Lexington a “Welcoming, Inclusive, Safe Community” Annual Town Meeting 2018 18

Warrant Article 34 Motion Item #6 Resolution to Make Lexington a “Welcoming, Inclusive, Safe Community” A. Ensure Equal Treatment Under the Law No Town of Lexington employee will inquire about the immigration status of any individual, except as part of the process of U Visa process (see “G” below), or unless such information is required by law, and the individual’s status, if known, will not affect his or her treatment in any way. Annual Town Meeting 2018 19

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive, Safe Community” B. No Facilitation Without a Criminal Judicial Warrant Town of Lexington employees will not take any actions on the basis of Immigration and Customs Enforcement (ICE), ICE Holds, ICE Administrative warrants or informal requests of any type. However, Lexington Police will respond to criminal judicial warrants as required by law. Annual Town Meeting 2018 20

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive, Safe Community” C. No Deputizing of Local Officials for Immigration Actions No officer or employee of any Town of Lexington Law Enforcement agency shall perform the functions of an immigration officer, whether pursuant to 8 U. S. C. section 1357(g) or any other law, regulation, or policy, whether formal or informal. Annual Town Meeting 2018 21

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive, Safe Community” D. ICE Notification Requests No Town of Lexington employee will respond to ICE Notification Requests with any information or action that could facilitate an individual’s apprehension by ICE. Annual Town Meeting 2018 22

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community” E. No Release of Records, Information or Access to Facilities Without a Criminal Judicial Warrant No Town of Lexington employee will provide any information about individuals or organizations to ICE agents or provide or facilitate access to individuals by ICE agents, related to persons or organizations of interest to ICE, without a criminal judicial warrant based on probable cause, unless it is required by the state’s public records law. Annual Town Meeting 2018 23

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community” F. Individuals Subject to ICE interventions If Town of Lexington employees obtain an ICE request or any documentation pertaining to an individual with whom they have contact, the Town of Lexington employee will promptly share that information with the individual. An interview between a US Department of Homeland Security Agent for immigration enforcement purposes and a person in custody of the Lexington Police Department (LPD) shall take place only if the person has given written consent. The written multilingual consent form shall be provided by LPD, and must explain the purpose of the interview, that it is voluntary, that the person may decline to be interviewed, and that they may refuse to be interviewed until their attorney is present. If the person requests a lawyer, LPD shall facilitate the presence of an attorney, but need not pay fees. If the person declines the interview, the LPD shall not allow DHS to conduct the interview. A translator should be offered, free of charge, to the individual if the individual cannot read the consent form or would like a translator for the interview. Annual Town Meeting 2018 24

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community” G. U Visa Verification Town of Lexington employees will consider and sign a U Visa Certification request when doing so supports the US Victims of Trafficking and Violence Prevention Act. Annual Town Meeting 2018 25

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community” H. No Participation in Raids and Other Immigration Enforcement Actions No Town of Lexington employee may participate in an operation or use of Town of Lexington funds, resources, facilities, property, equipment, or personnel to assist in the enforcement of federal immigration law. Annual Town Meeting 2018 26

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community” I. Compliance with Federal Law. Nothing in this Section shall be construed to violate any valid federal law, or to prohibit any town agency or department from providing another law enforcement agency citizenship or information status, consistent with 8 U. S. C. § 1373. Annual Town Meeting 2018 27

Warrant Article 34 Motion Item #6 (continued) Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community” J. Compliance with State Law. Nothing in this section shall be construed to violate any state law. Annual Town Meeting 2018 28

Presentation Appendix: Term Definitions Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community” • ICE - Immigration and Customs Enforcement, part of the U. S. Department of Homeland Security; formerly parts of Immigration & Naturalization Service and US Customs • U Visa - The U visa is United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so. • ICE Holds - When a foreign national is in local, state or federal custody and comes to the attention of the Department of Homeland Security (DHS) -- possibly through one of its branches, including Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) -- a so-called “immigration hold” may be placed on the person. This is also sometimes called, and is synonymous with, an immigration detainer. Annual Town Meeting 2018 29