Committee hears proposal to opt out of 287(g) agreements; city solicitor cautions legal and funding risks

Members of the Advisory Committee on Racial Equity, Inclusion and Rights presented a proposal Sept. 15 asking the Government Operations Committee to consider a formal city resolve to opt out of federal 287(g) agreements, which deputize local law enforcement to work with U.S. Immigration and Customs Enforcement.

Katie Bridal, chair of the advisory committee, told the committee the proposal would make clear the city “is choosing to opt out of 287(g). Hard stop.” She said the recommendation is intended to reduce fear among community members who, she said, are “seeing their friends and neighbors disappear, in Bangor, in Greater Maine.”

The city solicitor, appearing at the committee’s invitation, said the proposed resolve raises three problems. First, he told the committee “a legislative body cannot bind a future legislative body,” meaning a present council cannot impose an irrevocable obligation on future councils. Second, he warned passage could invite federal scrutiny and potentially jeopardize federal funding for projects that rely on federal dollars, citing the airport and some public-health programs. Third, he said the draft contained statements presented as facts that “multiple members of the council would feel are actually matters of opinion.” He recommended not passing the resolve as written.

Council members raised both policy and practical concerns. Councilor Fish and others said they wanted to consult the police department and the city solicitor further to understand unintended consequences and any operational impacts; Councilor Beck urged action to protect minority residents but said he wanted more information about consequences. The committee agreed to request more information and to invite Chief Hathaway to the next meeting; no vote was taken on the resolve.

The advisory committee mentioned a pending state-level effort that had been on Governor Janet Mills’ desk earlier in the year; Katie Bridal said that bill — which would have applied statewide — had not been signed and could be resolved when the legislature returned in January. The city solicitor said he had discussed the draft with the Maine Municipal Association legal staff, which shared concerns similar to his own.

No formal action was taken; staff and committee members said they would bring a revised proposal and additional information, including comments from the police chief and the city solicitor, to a future meeting.