Needham police: officers enforce state and local law, not federal civil immigration detainers
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Summary
Police Chief John Schlittler told the Select Board Jan. 27 that under Massachusetts case law municipal officers lack authority to hold people solely on an ICE civil detainer without a judicial warrant; the board asked the town manager to review policies and guidance to ensure safety and clarity for residents and officers.
Police Chief John Schlittler told the Needham Select Board on Jan. 27 that the Needham Police Department enforces local and state law, not federal civil immigration detainers, and that officers have been trained on the relevant Massachusetts case law.
Citing the 2017 Supreme Judicial Court decision Commonwealth v. Lund, Schlittler said a federal civil immigration detainer is an administrative request and not a judicial warrant. "If ICE provides only a civil detainer without a judicial warrant, municipal law enforcement do not have the legal authority to detain the individual," he said, describing training provided to officers through the Municipal Police Training Committee and department in-service sessions.
Schlittler told the board that Needham officers respond to ensure public safety, act to preserve peace during multiagency operations and will intervene if they see excessive force. He said coordination with federal partners is important so officers know whether federal agents will be in town during an operation to avoid "blue-on-blue" incidents and to protect residents and officers.
Several Select Board members said recent reports of federal enforcement across the country have raised concern among residents. One member urged a formal review of the town's policies and guidance to ensure the department can protect residents while complying with state and federal law. The board agreed to ask the town manager to compile and present relevant policies, training materials and state guidance for review.
The meeting record shows discussion of the related state guidance and the "duty to intervene" standard under state law and the POST certification process; Chief Schlittler said those duties are included in departmental training.
