Ordinance Proposed To Curb Immigration Enforcement On County Property

BARNSTABLE – Members of the county’s assembly of delegates have filed an ordinance seeking to curb immigration enforcement on county property.
 
“An Ordinance Ensuring Community Safety and Lawful Federal Immigration Enforcement” would prohibit the use of county property as staging area for immigration enforcement activity, limit the sharing of Cape Cod residents’ private information to those instances in which it is required by law, and require federal authorities to provide a judicial warrant “before accessing non-public areas of county property,” according to a press release issued by Falmouth Delegate Dan Gessen on March 18. The ordinance also seeks to “establish reporting requirements to ensure transparency around any enforcement activity on county property,” according to the release.

Gessen is one of four delegates sponsoring the proposed ordinance. The others are Brian O’Malley of Provincetown, Sallie Tighe of Truro and J. Terence Gallagher of Eastham.
Gessen said that the ordinance is being proposed to help bolster the safety of county facilities, including superior and district courts, at a time where concerns around the tactics employed by Immigration and Customs Enforcement (ICE) remain high in the region.

“My parents came to this country as refugees,” Gessen said in the release. “We are a nation of immigrants, and we cannot accept a system where people are afraid to walk into a county building or a courthouse. That fear drives people underground and makes all of us less safe. Barnstable County has a responsibility to stand up for the values that make our country great, namely due process and the rule of law.”

“ICE has shown a willingness to encroach on civil liberties,” echoed O’Malley. “County facilities should be places where the law protects people, not where it is used against them. This ordinance establishes reasonable boundaries and ensures Barnstable County is not complicit in enforcement that undermines the rights of our residents. I'm proud to co-sponsor it.”
 
Cape Cod, like other cities and communities across the country, has seen its share of ICE activity in recent months as the Trump administration continues its efforts to detain and deport undocumented residents nationwide.
 
Last May, Thiago Bastos of Hyannis was apprehended by ICE agents following his arraignment in Orleans District Court on charges of operating under the influence of alcohol,  failure to stop for police, negligent operation of a motor vehicle and a marked lanes violation. Those charges were dismissed in December due to ICE’s refusal to allow Bastos to appear in court, in person or virtually, to face the charges brought against him. Bastos, who was released on bond in February, is currently appealing a ruling out of Chelmsford Immigration Court that he be deported back to his native Brazil.
 
In a follow up email, Gessen said that the decision to bring forth the ordinance was not informed by any one case or event locally.
 
“While there wasn’t a specific individual case that spurred us to introduce this proposal in the assembly, numerous instances of immigration enforcement and prolonged detentions involving Cape Cod residents have demonstrated that what is often perceived as a national issue is having a significant impact on Barnstable County and is making people fearful,” he said.

In the press release, Gallagher said that the proposed ordinance is in line with similar ones at the state and local level, including those supported by Massachusetts Governor Maura Healey, Boston Mayor Michelle Wu and Barnstable County Sheriff Donna Buckley.

“The county does not control federal immigration policy, but we can control how our own facilities are used,” he said. “County government is here to serve all residents, regardless of their immigration status.”

But it remains to be seen if the ordinance will garner broader support on the assembly. Delegates Jon Fuller of Orleans and Michael King of Chatham both declined to speak on the proposal, citing the need to look into it further.

“We haven’t discussed it yet and I have not studied the ordinance in depth,” Fuller said.

Gessen on Monday said that the ordinance has not yet been slated for a public hearing by the assembly. Passage of the ordinance would require a weighted vote in support by the assembly, followed by a majority vote of support from the county’s board of regional commissioners.

 Email Ryan Bray at ryan@capecodchronicle.com