The Town Council, town manager and the Police Department have drafted a joint statement regarding possible federal immigration activity in South Berwick, declaring that “everyone who lives here deserves safety and dignity.”
“Recent federal immigration enforcement operations do not reflect the values of the Town of South Berwick,” says the statement, which will be voted on at this week’s 6 p.m. Town Council meeting. “Our town is committed to being a place where all residents are treated with respect, humanity, and fairness. We intentionally use the word resident, not citizen, because everyone who lives here deserves safety and dignity.”
Residents can review the draft statement and offer feedback by attending the Feb. 10 meeting in the Town Hall auditorium and speaking during the public comment period, or by emailing the Town Council at councilors@sbmaine.us. The statement can be seen on the final pages of the Town Council packet for this week here.
The joint statement, which grew out of a workshop with police and councilors last Thursday afternoon at Town Hall, also acknowledges “the fear, confusion, and concern many residents are experiencing in response to reports of Immigration and Customs Enforcement (ICE) activity in Maine and across the country.”
During the 30-minute workshop last week, town councilors discussed with Police Chief David Ruger the potential impact of ICE enforcement activity, asking him to address concerns about the department’s ability to protect residents from what they perceive as threats and intimidation by federal ICE agents.
“The South Berwick Police Department does not enforce federal immigration and does not participate in civil immigration enforcement,” according to Ruger’s original statement, read during the Feb. 5 workshop and incorporated into the joint statement.
The department “did not and will not participate” in the federal 287 program for ICE training of local police departments that was sent to law enforcement municipalities in April, both Ruger’s and the joint statements say.
The Police Department will abide by a State law passed in January – LD 1971 – which is going into effect in July and limits state and local law enforcement from helping federal civil immigration enforcement, such as by honoring ICE requests or using local resources for deportations, according to Ruger.
The department will follow the 10th Amendment of the U.S. Constitution regarding states’ rights while acknowledging that ICE “is NOT compelled to notify state law enforcement of their operations,” the statement says, reinforcing what Ruger had told the council last week.
The joint statement draft includes a section on what residents should know and how the Town can ensure the safety of its employees.
Residents who see ICE agents operating in town should call 911 “so that we may be present for the safety and well-being of the residents of the Town of South Berwick,” Ruger said in the statement. Residents should not confront any ICE operations or federal agents, which could lead to confrontations beyond the control of local law enforcement, he added.
At the meeting last week, Councilor Joel Martin asked the chief to clarify the meaning of “confront the ICE operations” and what the police would do if someone did get into a confrontation.
Ruger said peaceful protest is fine, but “yelling and throwing things” are not acceptable. He declined to discuss the specific operational tactics that would be used to quell such a confrontation.
Martin suggested adding language to the chief’s statement about Fourth Amendment rights, which protect individuals against unreasonable searches and seizures, but Town Manager Tim Pellerin said the Town Council may not ask a department head to put something into a statement.
“The council cannot get involved in operations of a department,” Pellerin said.
Councilor Mallory Cook reported that the council had received emails from 18 residents concerned about ICE after the last council meeting Jan. 27 and an additional eight just before Thursday’s workshop from other people worried about the recent conduct of ICE in Maine.
The majority of emails sent by town residents, which are included in the packet for the Town Council meeting Feb. 10, expressed concerns similar to these submitted by resident Gail Santos:
“I am especially worried about whether we can rely on our own South Berwick Police to keep us safe from these agents, who seem to be operating without training, proper warrants, and using intimidation to scare us all. We hope the SBPD will protect our citizens rights, whether it’s peaceful protest, or documenting activity,” Santos wrote, adding, “I am worried about the people of color we have working for our Town, and hope that we have policy in place to allow for remote work. No one should choose between their job and being safe during these challenging times.”
Martin suggested all residents need to be reminded that they will be protected by police. Councilor Paul Schumacher agreed, adding, “We need to ensure people in town know their constitutional rights.”
“I can’t stop ICE from coming,” Pellerin said.
If ICE agents arrive at the town office, he said, he would secure employees behind locked doors, and if employees are off duty and concerned, they should call him immediately. For those who are nervous, Pellerin noted the Town already has a remote work policy.
Schumacher asked about the laws concerning ICE presence around polling places that could be relevant during the upcoming election season. Town Clerk Monique Ward said she will research the question.
In response to questions about warrants and preventing searches, Ruger said in his prepared statement that the department is not trained in federal law and their focus remains on local public safety.
