Massachusetts State Police says that helping Trump's deportation push is not its mission

BOSTON — The Massachusetts State Police says its mission is not “investigating and enforcing violations of federal immigration law,” leaving deportation responsibilities solely to U.S. Immigration & Customs Enforcement.

“It is not appropriate for a member of the State Police to inquire about an individual’s immigration or travel status for the sole purpose of facilitating that person’s potential detention or deportation by (ICE),” the agency’s immigration status policy states.

An agency spokesperson shared the policy with The Boston Herald after Gov. Maura Healey declared that State Police won’t assist in mass deportations under the incoming Trump administration.

The policy provides a “framework for certain situations that come up,” the spokesperson told the Herald.

“A member of the State Police may inquire into a person’s immigration or travel status if the inquiry is part of, and reasonably likely to facilitate, the investigation of a violation of state law, federal criminal law (excluding federal immigration law),” the policy states, “or conduct independent of immigration status that poses a threat to public safety or order.”

Critics have accused Healey of backtracking her blame that the federal government is responsible for the migrant crisis, which is expected to cost the state more than $1 billion annually for several fiscal years.

“No, absolutely not,” the governor told MSNBC anchor Lawrence O’Donnell when he asked her if the State Police would support Trump’s efforts to deport illegal immigrants.

“But let me say this,” she said, “I do think it’s important that we all recognize that there’s going to be a lot of pressure on states and state officials, and I can assure you, we’re going to work really hard to deliver.”

The Center for Immigration Studies estimated in July that “the number of illegal and inadmissible migrants living in Massachusetts” was about 355,000. The influx has put the state’s emergency shelter system at capacity for months.

Healey has been critical of the feds and their “inaction” in addressing the crisis that stretches from coast to coast. She’s blasted Republicans in Congress for turning down a bipartisan deal to address the border upon Trump’s request last spring.

The governor spoke about the issue at an unrelated news conference Friday morning in Boston.

“I’m not sure what the Trump administration is planning in terms of its actions around immigration, deportations and the like,” Healey told reporters. “I really hope that the new administration works to secure the border and passes a law with the new Congress that will actually take care of this issue … that has been festering for far too long.”

Paul Diego Craney, spokesman for watchdog Massachusetts Fiscal Alliance, recommended the governor stop using “taxpayer resources to protect these people and instead work with the new administration to solve this problem.”

“Now is the time to put partisan ideology aside,” Craney told the Herald on Saturday, “and work on fixing the broken immigration system that has resulted in millions of illegal immigrants and inadmissible migrants coming into our country and Massachusetts.”

State Police and local law enforcement agencies also face restrictions when ICE lodges a detainer against an individual, a separate issue that has come into the purview within recent weeks and months.

Detainers request that local or state law enforcement “maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released.”

“Department members are NOT authorized to stop, arrest, and/or take an individual into custody based solely on an ICE detainer,” MSP’s policy reads.

Following the state Supreme Judicial Court’s Lunn ruling, Massachusetts courts lack the authority to “arrest and hold an individual solely (based on) a federal civil immigration detainer, beyond the time that the individual would otherwise be entitled to be released from State custody.”

The decision, made in 2017 during Healey’s tenure as attorney general, also left it up to the Legislature to enact such authority if necessary.

Despite the murky situation, some current and former local law enforcement officials say cooperation with the feds is crucial.

Worcester County Sheriff Lewis Evangelidis cited data from the Massachusetts Office of Refugees and Immigrants indicating the Bay State has witnessed a 1,000% increase in refugees and immigrants arriving over the past three years.

Within that period, the sheriff said he’s seen a “significant increase in criminal activity” and a “tripling of ICE detainers placed on inmates at the Worcester County Jail and House of Correction.”

“The Worcester County Sheriff’s Office has always and will continue to work with our federal partners to provide them with information on individuals who pose a threat to our community,” Evangelidis told the Herald on Friday. “It is our federal partner’s responsibility to determine what to do with that information.”

Tackling illegal immigration, Trump has said, will be a top priority when he regains office in January. He plans to deport the roughly 11 million people estimated to be in the country illegally.

He has spoken about using local and state law enforcement agencies and deploying the National Guard, which can be activated on orders from a governor. Stephen Miller, a top Trump adviser, has said sympathetic Republican governors would send troops to nearby states that refuse to participate.

State Rep. Steven Xiarhos, a Republican, spent 40 years working for the Yarmouth Police Department, the last decade as deputy chief. He and his colleagues worked closely with State Police and ICE “whenever necessary,” he told the Herald on Saturday.

“Public safety should always be our top priority,” Xiarhos said. “The recent statement from the governor is concerning, as it seems to complicate the balance between respecting federal immigration law and ensuring the safety of our communities.”