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In Massachusetts, a legal debate is heating up as some law enforcement officials argue that the state’s policy on Immigration and Customs Enforcement (ICE) detainers poses a risk to public safety. 

Worcester County Sheriff Lew Evangelidis expressed to Newsweek that Massachusetts policies allowing law enforcement and courts to disregard ICE detainers enable individuals accused of violent crimes to remain in the community. And it puts residents at risk.

Sheriff Evangelidis contends that the state has become a “magnet” for individuals crossing the southern border due to its support services and sanctuary policies.

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ICE Detainers 

ICE issues detainers when they seek custody of a person who has violated immigration laws after committing an additional crime. These detainers allow local authorities to hold the individual beyond their scheduled release so ICE can take custody.

 However, a 2017 Massachusetts Supreme Judicial Court decision (Lunn v. Commonwealth) ruled that state, and local agencies are not obligated to honor an ICE detainer, arguing that holding individuals beyond their official release date without a warrant violates their rights.

The Sheriff clarified that his concern is not with all immigrants, stating, “I'm not vilifying everyone; I'm not saying that all the people come here are criminals, not by any stretch.”

 He acknowledged the complex nature of immigration but emphasized his concerns about specific cases where individuals who have committed crimes are allowed to stay due to the state’s policies on ICE holds.

 “There is an element, and that’s what I’m concerned about, which now has a state where the detainers are not allowed to be honored,” he added.

The Lunn decision aimed to prevent undue detainment of individuals based solely on immigration status, a move celebrated by then-Attorney General Maura Healey. However, Sheriff Evangelidis argues that circumstances have shifted significantly over time.

 “The world has changed in the past seven years,” he remarked, noting the recent influx of migrants and what he sees as a strain on public safety in communities statewide.

Impact of the Lunn Decision on Public Safety

ICE detainers are an essential tool for law enforcement, especially when dealing with violent offenders. However, Evangelidis  believes the 2017 Lunn decision has tied the hands of law enforcement, restricting their ability to work effectively with federal authorities.