SWAMPSCOTT – During the Town Administrator’s report at Wednesday’s Select Board meeting, Acting Town Administrator Gino Cresta briefed the Board on Swampscott Police Department’s policy on federal immigration enforcement.
“Swampscott Police will not assist Immigrations and Customs Enforcement (ICE) or our federal law enforcement partners in immigration enforcement measures,” Cresta said. “Accordingly, the Police Department will also not impede or obstruct ICE or our federal law enforcement partners with their operations.”
Vice Chair Doug Thompson noted that “there was a lot of alarm with what happened in Marblehead.”
He added, “It’s been happening in Lynn, maybe in Salem, too, so I think it would be good to make sure that people are aware of what to do and what not to do.”
The Marblehead incident took place Sept. 12. Three unmarked vehicles stopped a Lassana’s Landscaping truck to obtain multiple individuals. Assistant Secretary for Public Affairs of Homeland Security Tricia McLaughlin confirmed that it was an ICE operation.
Police Captain Joe Kable then spoke before the Board, where he elaborated on the department’s policy toward federal immigration enforcement.
He started by clarifying that the decision to speak before the Board was not brought about by “any recent ICE activity in Swampscott or anticipated activity.”
He added, “We have no information that they intend to conduct any operations here at this time, however, they have not generally been advising local police departments ahead of time. … So, we have prepared our set of policies to be sure we’re ready when it does happen.”
Kable continued, saying that while the Department does not typically get notified by ICE, it requested that it does so going forward, citing that “a lack of notice can create a dangerous situation.”
“With the question of what role the Swampscott Police Department has in federal immigration enforcement, the short answer is ‘absolutely none,’” Kable said. “The Police Department’s sole focus is the safety and well-being of our residents, and we understand that that goal requires trust, confidence, and interacting and providing information with us.
“That trust and confidence is best achieved by ensuring all persons, especially witnesses and victims, are willing to cooperate and provide information for us, regardless of any immigration status concerns.”
He added for that reason, the Department leaves the enforcement of immigration law to those who are tasked with enforcing it at a federal level.
Kable also noted that the Police Department does not share any information at all regarding immigration status with any federal agency.
“No person making any report to the Swampscott Police need have any concern whatsoever that their interactions with us will result in any information being shared,” he said. “The Massachusetts Supreme Judicial Court (JSC) issued a decision in 2017 in the Commonwealth v. Lunn case that established there was no role for local or state law enforcement enforcing civil immigration law.”
Kable continued, saying that the case went as far as to call any detention made in such a case to be an unlawful arrest.
He also stated that federal law enforcement agencies cannot require assistance by local law enforcement, as “there are several supreme court cases that say they cannot commandeer local police.”
“There’s also three statutes under 18 u.s.c. that would prohibit the police from interfering with federal immigration enforcement,” Kable said. “What our residents can expect is that we will not, in any way, be actively sharing any information that would result in federal enforcement agencies becoming aware of anyone’s immigration status.”
Kable reiterated that the department is aware that if “these situations do come to town, they will be emotional and volatile.”
“We will meet our basic obligation to ensure peace and safety. This includes the safety of the public and law enforcement officers on the federal level,” Kable said, noting that the Department will document any scene it responds to ensure the courts have the necessary information, to ensure “justice, fairness, and accountability.”
He explained that if residents see anything happening regarding immigration enforcement, they should not approach the situation. Instead, they should alert the police department, which will respond and record the situation to ensure the public’s safety.
On Thursday, Kable reiterated to The Item what he felt were the most important points of his speech, saying he hopes that “what everyone will hear most clearly is to have absolutely no doubt that there is no reason to be concerned about engaging with the Swampscott Police Department regardless of immigration status.”
He added, “If someone is a victim, witness, or just a concerned resident, please be assured that no information on immigration status will be shared with ICE or any agency tasked with civil immigration enforcement.”
He stated that the Department can’t be nearly as effective in “keeping our communities safe without the trust and cooperation of all our residents,” and the Department is here to protect and serve all regardless of immigration status.
“As a 30-year plus policing professional, our mission has been to remain apolitical and build lasting relationships and trust within our communities. … While we will not hinder, obstruct, or impede our federal partners, I can assure you the Swampscott Police Department’s foundational values of community caretaking and servanthood will never change,” Police Chief Ruben Quesada said in a follow-up interview.
