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Bangor advisory committee pushes city to consider opting out of 287(g); solicitor warns of legal, funding risks
Summary
The Advisory Committee on Racial Equity, Inclusion and Rights recommended that Bangor formally declare it will not enter 287(g) agreements, but the city solicitor cautioned the proposed resolve would have no binding legal effect and could risk federal funding.
The Advisory Committee on Racial Equity, Inclusion and Rights recommended that Bangor take a formal position "to officially... opt out of any future 2 87 g agreements," committee chair Katie Bridal told the Government Operations Committee on Sept. 15.
The committee proposed language that would bar the city from entering 287(g) agreements, which deputize local law-enforcement officers to carry out certain federal immigration enforcement functions, and said the statement was intended to reassure residents who fear immigration enforcement activity.
City solicitor told the committee that "we have not entered into any 2 87 g agreements, nor has there ever been any kind of intent to do so." He said he reviewed the proposed resolve and raised three concerns: (1) a legislative body cannot bind a future legislative body, so a present resolve would have no legal effect; (2) adopting a public resolve could create political repercussions and potentially jeopardize federal funding for programs such as airport projects and public-health grants; and (3) the draft contained factual statements that may be contested by other council members.
Councilors and committee members responded that they support additional information before taking action. Several members asked for formal input from Chief Hathaway and the city solicitor and suggested revising the language to avoid unintended legal or funding consequences while still signaling support for community safety and belonging.
Committee chair Katie Bridal said the committee would return with revised language and additional background at the next Government Operations meeting; Councilor Suhas (chair) indicated staff should make the chief and solicitor available at that meeting. There was no vote on the resolve during the Sept. 15 meeting.
Why it matters: committee members said a public statement could reduce fear among immigrant residents who report seeing unmarked vehicles and federal personnel in the city. The solicitor cautioned that a symbolic city resolve could invite federal scrutiny of funding relationships and would not legally prevent a future council from changing course.
