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ICE uses surveillance, police data to target Mass. immigrants, advocates say

Tréa Lavery
5 min read

Though law enforcement agencies in Massachusetts have no formal agreements to cooperate with U.S. Immigration and Customs Enforcement, and some even prohibit it in non-criminal cases, it hasn't stopped the extensive sharing of information with the federal agency, according to immigration advocates.

Members of a variety of legal and immigration organizations testified before the state Legislature on Monday about the ways they are struggling against mass deportations under President Donald Trump. Lawmakers from the Joint Committee on Racial Equity, Civil Rights and Inclusion discussed measures the state can take to protect immigrants, but learned that law enforcement already provides a lot of help to immigration enforcement efforts.

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"There's this massive complex that we would probably like to think that as a state, we are not part of. And we are," said David Albright, director of policy and advocacy at the Jewish Alliance for Law and Social Action. "It's meant to be very opaque and confusing, and it's meant to draw people in, get them out of Massachusetts as quickly as they possibly can, and keep them in that system and then get them out of the country."

Around the country, state and local law enforcement agencies formally share information with ICE through a program known as 287(g). Though the only agency in Massachusetts with a current 287(g) agreement is the Department of Corrections, those who testified Monday afternoon told lawmakers that police departments and sheriff's offices across the state still share plenty of information with federal immigration enforcement.

Joshua Dankoff, director of strategic initiatives at Citizens for Juvenile Justice, said law enforcement agencies have wide discretion on when and how much they share immigration information. For example, he said, Quincy Police Department runs an immigration status check every time they arrest someone born outside of the country, which is automatically shared with ICE. In Everett, officers may choose to share information with ICE if they believe it "serves a public safety interest," but Dankoff said there is no further specification to what qualifies.

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Every sheriff's office in the state also shares information with ICE, Dankoff said.

Albright described a program that immigration advocates have nicknamed "Bounty Bucks," where ICE provides a list of names to a local police department with the promise of increased funds if police are able to locate everyone on the list.

Beyond simply sharing information, the Plymouth County House of Corrections also contracts with ICE to hold immigration detainees before they are moved out of state or deported.

Other advocates who testified during Monday's hearing urged the Legislature to take action to limit surveillance by law enforcement, which can be co-opted by federal agents to arrest immigrants.

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Danny Timpona, organizing director of Neighbor 2 Neighbor and the LUCE Network, said most of the arrests he has seen have been people being picked up on the streets by ICE agents who have conducted surveillance and "stalking" in neighborhoods.

Often, as has been widely reported online, ICE agents might be masked or provide no identification to show who they are, he said.

"Five to six cars, tinted windows, fully armed, waiting for people to go to work, waiting for people to go drop their kids off at school, get groceries, etc.," Timpona said. "You literally just might be driving, and all of a sudden you are cornered by five to six vehicles and you cannot leave that situation."

The threat of arrests has left many in immigrant communities terrified, said Gladys Vega, executive director of La Colaborativa in Chelsea. Vega said the organization has processed 131 applications for temporary guardianship for parents who want to make sure their children are cared for if they are detained or deported.

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"Every time I have to do that ... I feel horrible that I'm giving you that service," she said, crying throughout her emotional testimony. "Family should not be separated."

Kade Crockford, director of the ACLU of Massachusetts' Technology for Liberty program, emphasized privacy protections as one of the biggest ways the state can protect immigrants. They said ICE can use cell phone location data purchased from third parties and facial recognition, license plate readers, criminal justice databases and other technology maintained by local police departments to find immigrants.

While the Legislature has been working to create legislation to limit facial recognition, it has not yet been been passed. Crockford noted that the state has already passed the Shield Law, which prevents the disclosure of healthcare information related to abortions and other reproductive care and gender affirming care for transgender people, and said similar legislation could be created to protect immigrants.

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"We should not be doing anything as a state to give these people information that they can use to hang us," Crockford said.

Other recommendations from advocates included avoiding arresting people when diversion or a criminal summons would be sufficient, so they are not fingerprinted; ending the Department of Corrections 287(g) agreement and banning any future agreements; requiring ICE agents to carry and provide identification; and providing more access to immigration attorneys for people who have been detained.

"This is a team not playing by the rules, but we aren't helpless," Timpona said. "If we know this is an unequal playing field, there are things we can do, and we just have to be extremely focused and strategic and smart in doing it."

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