Unsatisfied with a decision to leave the town’s immigration enforcement policy solely in the hands of police, a group of Plymouth citizens is petitioning to enact a new bylaw at Town Meeting.
More than a dozen residents seeking to codify a policy prohibiting cooperation with U.S. Immigration and Customs Enforcement turned out at Tuesday’s meeting of the Select Board to ask for its endorsement of their effort.
After a long debate, the board voted 3-2 to endorse the petitioners’ efforts.
The petitioners argued the current police policy adopted by Select Board on Jan. 6 doesn’t go far enough to ensure ICE will get no help from Plymouth.
Although most who spoke agree with the restrictive policy Police Chief Dana Flynn adopted last year, some argued it should be codified to prevent it from changing too easily.
“It has durability,” said Arthur Desloges, one of the residents involved in the petition. “A bylaw is permanent until it is repealed by a vote at Town Meeting.”
It’s the second time the Select Board has taken up the issue in as many months. On Jan. 6., the board adopted the police policy as its own following Flynn’s presentation before the board. In January, the board adopted the police policy as its own following Flynn’s presentation before the board.
He explained his policy does not allow the police department to be involved in immigration enforcement. He said officers do not typically inquire about immigration status and are not allowed to assist federal authorities on immigration-related investigations.
Flynn told the board the department is governed by a 2017 decision from the Massachusetts Supreme Judicial Court, Commonwealth v. Lund, which prohibits local police from arresting or holding anyone based solely on their immigration status – even if the person is the subject of a federal immigration detainer, a request from ICE to hold a person for immigration proceedings.
In January, the board appeared satisfied with Flynn’s policy, but on Tuesday the issue emerged again with requests to take the policy further.
“I don’t want to be driving down the street with my granddaughter – she’s six – and have her all of a sudden see people bailing out of these big SUVs tear people out of cars,” Kim Patterson told the board members.
After a debate, the board voted to recommend the bylaw be approved at Town Meeting in April. Such a move would codify the police department’s policy limiting cooperation with ICE.
Select Board Chair David Golden and member Dick Quintal voted against the recommendation.
“Circumstances change on the ground,” Golden said. “And so, I would want that decision-making authority to rest with those folks still and not subject to the political leanings of a Town Meeting.”
Golden said the current arrangement provides oversight from the Select Board but also allows the police flexibility to adapt to changing circumstances.
“We want to keep this in the hands of the police,” Golden said.
Select Board member Kevin Canty argued Town Meeting has a role to play.
“There is a benefit to having a bylaw and a policy that, right now, line up,” Canty said. “Town Meeting is the best place to have a further discussion about the merits of this approach.”
Select Board member Deb Iaquinto agreed, saying she does not see a competition between police policy and the bylaw.
“I do see them as complimentary,” Iaquinto said.
Iaquinto, Canty, and Bill Keohan all voted in the majority.
Fred Thys can be reached at fred@plymouthindependent.org.