Federal Immigration Enforcement Operations FAQ
We have recently experienced an increase in federal law enforcement operations in the city. Most notably, Immigration and Customs Enforcement (ICE) activities have drawn local and national attention. In response to inquiries and questions we have received from the community, this FAQ page is intended to clarify NBPD’s role in such situations, outline the laws that govern our involvement, and explain what residents can expect from our officers. This guidance is meant to ensure that the NBPD fulfills its duty to keep the peace, uphold the law, and protect public safety, without engaging in federal civil immigration enforcement.
To read the Massachusetts Chiefs of Police Association’s Legal Guidance regarding cooperation with immigration officials, click here.
Q: Can the NBPD be required to enforce federal immigration laws?
A: Under the Tenth Amendment and the U.S. Supreme Court’s “anti-commandeering doctrine” (Printz v. United States, 1997; Murphy v. NCAA, 2018), the federal government cannot force state or local police to carry out federal regulatory programs, including immigration enforcement. While the NBPD may cooperate with federal authorities in certain criminal cases, we cannot be required to dedicate local resources to enforce federal immigration laws.
Q: What if ICE presents a federal arrest warrant?
A: If ICE presents a judicially-issued warrant signed by a judge, the NBPD would treat it the same way we would treat a warrant, presented by the FBI, DEA, or U.S. Marshals.
Q: What is the NBPD’s role during federal immigration operations?
A: It may be appropriate for the NBPD to be present at the location of federal immigration enforcement operations. When present, officers ensure safety, de-escalate conflicts, manage traffic, and enforce Massachusetts state law when needed. Immigration enforcement itself is the responsibility of federal agencies, not local police.
Q: What can NBPD officers not do during ICE operations?
A:
- NBPD officers cannot arrest or hold someone solely on an ICE civil immigration detainer.
- NBPD officers cannot perform immigration arrests unless explicitly authorized by law.
- NBPD officers cannot interfere with protestors’ right to record or peacefully assemble.
- NBPD officers cannot ignore threats to safety — officers may enforce state laws when there are crimes or hazards.
Q: How do officers know if ICE agents are legitimate?
A: Supervisors on scene are expected to confirm that individuals are bona fide federal agents by reviewing credentials. Officers do not need to collect personal information but must verify that the operation is legitimate to avoid confusion or impersonation concerns.
Q: Can NBPD officers interfere with ICE operations?
A: Federal law prohibits local officers from actively interfering with or obstructing federal agents in the performance of their lawful duties. The NBPD’s responsibility is to maintain public order and safety while allowing ICE to conduct its federal responsibilities.
Q: Can the NBPD share information with ICE?
A: Yes, but only in the same way we would share information with any other federal agency, and consistent with the Massachusetts Public Records Law. We are not required to proactively collect or report immigration information, but we also cannot obstruct lawful information sharing if requested.
Q: Why does the NBPD have these rules?
A: These rules ensure that officers follow state law, federal law, and constitutional protections, while preserving community trust. Our duty is public safety, ensuring order, and lawful enforcement – the same priorities we hold to in all of our work.
Q: How does the NBPD ensure that officers enforce this neutrally, regardless of political views?
A: NBPD officers are trained and instructed that political and personal opinions must never influence law enforcement decisions. All actions are guided by law, department policy, and constitutional protections. Supervisors are required to respond to these incidents and oversee decision-making to ensure consistency, legality, and impartiality.
Q: What happens if community members protest during ICE operations?
A: Peaceful protest and lawful recording are protected rights. If protests create hazards, block vehicles, or become violent, NBPD officers may step in to restore order and enforce state laws. The focus remains on safety for everyone present.
Q: Does the NBPD notify ICE when prisoners are released, or can the NBPD hold someone for ICE if asked?
A: The NBPD does not release people from custody. In Massachusetts, the courts and the state hold prisoners, not the city. Under the Massachusetts Supreme Judicial Court’s Lunn v. Commonwealth (2017) decision, local law enforcement has no authority to hold an individual solely on the basis of a federal civil immigration detainer or a civil document such as a Form I-205 (Warrant of Removal/Deportation). Holding someone past their lawful release time would constitute an unlawful arrest. Only a judicially issued arrest warrant allows local officers to detain someone.
Q: What are the steps for a typical NBPD response during an ICE operation?
A: When ICE operations occur in New Bedford and the NBPD is asked to respond, officers follow these steps:
- A supervisor and at least two officers are dispatched as a priority call. The supervisor also notifies the Chief of Police through the chain of command.
- Officers and supervisors shall activate their body-worn cameras consistent with NBPD policy and keep them activated throughout the response.
- Assess the scene and determine whether there are protests, safety hazards, or other conflicts requiring attention — officers must do this neutrally and without political bias.
- Confirm that the individuals are official ICE agents with proper credentials.
- Provide space and opportunity for the public to protest and film, provided actions are lawful and do not interfere with ICE operations.
- If individuals block vehicles, create hazards, or engage in violence, NBPD officers may act to restore order and enforce state law.
- Maintain safety and focus on protecting everyone present, including community members, ICE agents, and bystanders.
- Officers must fully document the response, including whether the NBPD was notified beforehand, who requested assistance, observations of the scene, actions taken, and the time the scene was cleared.