Sheriff’s Department: ICE Immigration Checks Based on ‘Criminality, Not Nationality’

Officials from the Barnstable County Sheriff’s Department and ICE at forum Wednesday in Buzzards Bay

BUZZARDS BAY – Barnstable County Sheriff Jim Cummings updated the community Wednesday on a program that allows his department to check the immigration status of inmates.

The Buzzards Bay Community Center was packed with supporters and opponents of the program.

Just over a year ago, Cummings’ office joined the Immigration and Customs Enforcement 287(g) program.

It allows sheriff deputies to search ICE databases to determine if an inmate is in the nation illegally and should be deported.

“It only impacts those who have been arrested and arraigned or detained on a unique community arrest,” said Barnstable County Special Jeff Perry, who opened the session with an overview of the program.

“It’s based on criminality, not nationality,” he said.

Perry stressed that the sheriff’s department is not authorized to patrol the communities for illegal immigrants and juveniles are not part of the program.

Since the program began in late 2017, inmates from 22 countries have been referred to ICE.

They include Canada, Russia, Portugal, and several South American nations, among others.

The most common state charges inmates with an illegal status have been charged with include attempted murder, assault, OUI, sex crimes and outstanding warrants.

According to the department, 79 inmates were referred to ICE in 2018. Only 2 have been removed from the country as of this month.

Perry said that since the program began, less than 1 percent of all inmates have been referred to ICE.

Betsy Smith, a retired language professor at Cape Cod Community College said she wanted more information about language services provided for non-English speaking students.

Sheriff Cummings said that since the program began, they have been able to handle all translation requests in-house.

Adam Lang of Brewster read a statement in support of the program.

“You (sheriff’s deputies) are the heroes who go out each day and do you job with professionalism,” he said.

Lang read a list of what he said were crimes committed on Cape Cod by illegal immigrants ranging from rape to assault.

Other questions ranged from whether a lack of vaccinations among illegal immigrants was becoming an issue, whether the sheriff’s office was holding inmates on ICE detainers to who was paying for the inmates’ attorneys.

An official from ICE said there was a recent mumps outbreak in Plymouth County’s correctional facility.

Opponents of the program wanted to know when information about the inmates’ immigration status was shared with the sheriff’s department.

They worried that an inmate may be arrested on a criminal charge and referred to ICE before there is an actual conviction.

Some questioned if an inmate could be referred to ICE, but later found not guilty of the charge and still be deported.

ICE officials said that was a possibility.

Wayne Bergeron of Dennis said you can still be a good American and still question authority.

“Only by asking questions can we feel good about what’s happening,” he said.

Bergeron wondered if someone who is transferred from a local jail to the county jail pending their first court appearance could be investigated for an immigration violation.

Cummings said the process could begin before the first court appearance. But if that person was later arraigned and met bail, the process would come to an end.

Steve Buckley of Chatham said he was pleased the forum was being held, but suggested the sheriff’s website be more accessible for information on the program.

Jill Stewart of Eastham wanted to know of the 79 people, what percentage have families on the Cape and what percentage have lived here over a year.

Cummings said that information was not immediately available.

Reverend Jessica Clay of the First Parish Unitarian Universalist Church criticized the use of the phrase “illegal alien,” saying that “people are not aliens.”

“It’s time to update our language.”

That prompted cheers and jeers from the audience.

“It is patriotic to seek immigration reform,” she said.

Clay also criticized the panel for only having one female on a panel of six.

“Criminal is criminal and it seems like you have a system in place,” said Maureen Tuohy-Bedford of Yarmouth, who praised the program.

Tuohy-Bedford said her family came to the United State from Ireland and went through process of becoming a legal resident.

“I like it that you’re keeping out community safe,” she said.

By MATT PITTA, CapeCod.com News Director

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