SWAMPSCOTT — Police Chief Ruben Quesada said Thursday that the Swampscott Police Department will continue to comply with Massachusetts law that limits the role of local police in federal immigration enforcement.
In a statement, the department emphasized that local officers do not participate in immigration enforcement and will not inquire about a person’s immigration status during routine police interactions.
“The department is committed to the safety and preservation of civil rights for all people regardless of immigration status,” Quesada wrote. “We firmly believe that immigration enforcement is a federal responsibility and that our department has no role in immigration measures.”
The statement cites a 2017 Massachusetts Supreme Judicial Court ruling, Commonwealth v. Lunn, which established limits on how Massachusetts police cooperate with federal immigration authorities. The court essentially ruled that Massachusetts law does not allow for local or state police officers to arrest or detain someone solely because federal immigration enforcement asked them to.
Questions about the role of local law enforcement in immigration matters have drawn renewed attention both nationally and in Massachusetts.
Since President Donald Trump took office, several states and municipalities have revisited policies governing how local agencies interact with federal immigration authorities.
In January, Gov. Maura Healey issued an Executive Order placing new restrictions on cooperation agreements between state agencies and federal immigration enforcement. The order prohibits ICE agents from making immigration arrests in non-public areas of state facilities and prohibits federal agencies from using state property as staging areas for immigration enforcement.
Quesada’s statement follows a discussion at Wednesday’s Select Board meeting, where town officials began exploring whether Swampscott should adopt a similar policy clarifying the role of local police and the use of municipal property in federal immigration enforcement activities.
Town officials said they have been consulting with legal counsel and reviewing policies adopted by other Massachusetts communities as they consider what a Swampscott policy might look like. At a February meeting, the Select Board read a proclamation on tense federal immigration issues. Quesada was invited to Wednesday’s meeting to discuss putting a firm policy in place.
“I think what’s important for me here is that we are not reactionary,” said Select Board Chair Katie Whelan. “Fortunately, it’s not an issue in Swampscott today … I would like to be proactive about it and prepare our citizens.”
During the meeting, board members emphasized that the goal is to craft a policy that is both legally sound and clearly understood by residents.
Officials discussed how other North Shore communities have approached the issue, with some municipalities like Beverly and Lynn adopting policies that place local restrictions prohibiting the use of city or town property by ICE. Some local policies also outline how local police should respond if residents report the presence of federal immigration agents in their neighborhoods.
Quesada reiterated at the meeting that Swampscott police are following state guidance when it comes to matters of immigration. He also noted that Swampscott, similarly to other communities, will respond to calls from residents who are unsure whether individuals identifying themselves as law enforcement are legitimate federal officers, helping verify the situation.
“If there’s any question about the credibility of anybody there, the police will be responding,” he said.
The discussion at Wednesday’s Select Board meeting raised questions about what a policy in Swampscott might look like, and whether the policy should be concerned primarily with the police department or with the town at large. Quesada also spoke on the legal difficulty of drafting Swampscott’s own policing policy.
“It’s largely uncharted legal territory,” he said. “Some of the legislation and executive orders that have recently come out are largely untested.”
Town officials said they expect to return to the next Select Board meeting on March 18 with a firm policy draft aided by the town’s legal guidance outlining how Swampscott police and town departments should respond to potential immigration enforcement activity.
In the meantime, Quesada said the department remains focused on maintaining trust with residents and ensuring that policing services are provided equally to everyone in the community.
“We remain committed to the transparent, constitutional, and ethical policing practices,” he wrote. “We have formed significant relationships within our community and make an unyielding commitment to equal enforcement of the law and equal services to the public.”
