October 6, 2021

New Bedford – Yesterday, State Representative Antonio F. D. Cabral (D-New Bedford) called for the end of immigration enforcement agreements in Massachusetts during his testimony before the Joint Committee on the Judiciary. The Representative spoke on two of his highest priority bills: H.1475, An Act limiting  the use of prison labor, and H.1477, An Act enforcing federal law.

H.1475, An Act limiting the use of prison labor, requires that any inmate work program be performed within the boundaries of the Commonwealth. The bill aims to preemptively prohibit Massachusetts from sending inmates to participate in any so-called “national inmate work programs” for the purpose of constructing a wall along the southern border of the United States.

Rep. Cabral’s H.1477, An Act  enforcing federal law, would prohibit state officials from spending any state funds to participate in 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE), a federal agency. Currently, these 287(g) agreements deputize certain state employees to act as federal immigration enforcement agents to detain immigrants for civil, not criminal, infractions. Notably, the only agencies in Massachusetts to have signed 287(g) agreements come from within our prison system – the MA Department of Corrections and several county sheriff departments – not local or state law enforcement.

Current federal policy explicitly states that no federal dollars are to be used in the implementation of 287(g) agreements. Cabral’s legislation requires that the costs associated with 287(g) agreements are not borne by Massachusetts taxpayers, in effect ending these agreements in Massachusetts. A second component of the bill, which calls for quarterly reporting of the costs and reimbursements of these immigration enforcement agreements, passed earlier this year in the FY2022 state budget.

“State resources should be used in Massachusetts on issues the local community is currently facing and not on federal immigration matters. Immigration policy is the responsibility of the federal government,” commented Rep. Cabral.

The Biden Administration also seems to be questioning these agreements. The Department of Homeland Security terminated its 287(g) contract with Bristol County Sheriff’s Office in May 2021 citing allegations of racial profiling and inmate abuse as contributing factors in their decision. The Plymouth County Sheriff’s Office recently terminated its 287(g) contract with ICE voluntarily  citing staffing issues. Presently, only the Barnstable County Sheriff’s Office and the state Department of Corrections continue to have 287(g) agreements with ICE.

Last week, Rep. Cabral submitted formal requests to the Department of Corrections and the Barnstable County Sheriff’s Department urging them to terminate their 287(g) contracts with ICE. “The use of taxpayer funded state dollars to support the 287(g) program does not make financial sense,” says Cabral. “Also, 287(g) is harmful, exponentially increasing harassment and racial profiling in immigrant communities throughout the state. Most people deported under 287(g) have either committed no crime at all or have been picked up for traffic violations and other nonviolent, minor crimes.”

“Deputizing prison officials to act as federal immigration agents is bad public policy. It is ineffective and breaks down the relationship between the immigrant community and genuine law enforcement. The use of state resources for a discriminatory federal program that has so severely damaged the relationship between immigrant communities and local police, the court system, departments of public health, and other institutions is why I’ve reintroduced legislation to end this practice in Massachusetts every session since 2017,” added Rep. Cabral.

“The issue at stake is larger than any one person or institution, so I will continue to fight for legislation and accountability until the cost, both financially and societally, of these programs is understood. It is time for Massachusetts to put an end to a collaboration designed to scare and intimidate some of our most vulnerable neighbors. I call on my colleagues in the Legislature and state government to act. The time is now.”