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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. 

The sheriff said he feels a duty to protect the people of Worcester County: “I think that’s a dereliction of responsibility, frankly,” he told Newsweek. “I believe I took an oath as Worcester County Sheriff to protect the people of my county.”

Since the Lunn ruling, there has been an increase in ICE detainers issued for individuals in his custody.  94 detainers were issued, so far, this year. This is up from 67 last year and 49 the year prior. 

This issue has drawn attention statewide, particularly after recent incidents involving the release of individuals accused of violent crimes due to ignored ICE detainers.

 In September, ICE detained half a dozen individuals on Nantucket Island, three of whom were accused of raping children.

 In another case, a Guatemalan man accused of raping a child was released after his ICE detainer was ignored, sparking outrage among Massachusetts Republicans.

Calls for Legislative Action

In response to these cases, Massachusetts Republican Party Chair Amy Carnevale expressed concern, stating, “Not allowing courts to recognize ICE detainers puts the safety of residents at risk and enables dangerous predators to hide within our communities.” 

Sheriff Evangelidis advocates for legislation requiring state agencies to honor ICE detainers for a specified period without violating individuals’ civil rights. He argues that such a law would allow law enforcement to better protect the public: 

“I would hope people would want their law enforcement officials to have the ability and almost [be] mandated to work with Homeland Security to identify people who are in this country illegally, committing crimes,” he said.

Until reform is enacted, the sheriff intends to notify ICE, whenever possible, to allow officers time to take custody of detained individuals. 

He stresses the importance of collaboration and believes the state’s current policy limits effective communication with federal agencies. “Sharing of information on everybody, not unilaterally deciding ‘we’re not going to cooperate. We’re not going to do this,’” he added, cautioning that this approach undermines public safety.

Sheriff Evangelidis and other concerned citizens hope that Massachusetts lawmakers will revisit the issue to balance public safety with fair treatment, ensuring the state’s policies serve all residents responsibly.