Springfield's mayor and police commissioner said there is cooperation with federal immigration officials, but acknowledged the focus is on criminal cases -- not civil cases -- involving immigrants living here illegally.
SPRINGFIELD -- Mayor Domenic J. Sarno and Police Commissioner John R. Barbieri on Thursday described the city as having a cooperative relationship with federal immigration officials -- and Sarno flatly rejected a request from activists to issue an executive order against cooperating with federal immigration officials in non-criminal matters.
"Commissioner Barbieri and I will continue to cooperate with federal law enforcement authorities upon their request," Sarno said in a statement.
In some regards, police policies regarding immigrants living illegally in Springfield -- which Sarno said emphatically last week is not a so-called "sanctuary city" -- are similar to police policies in Northampton, a city that proudly wears the label.
But, there are also differences.
Northampton's "sanctuary" status -- an unofficial and loosely defined designation -- dates to a 2014 executive policy order Mayor David J. Narkewicz issued to then-Police Chief Russell Sienkiewicz. That order outlined four directives, the last of which required the police department to maintain records on its policies that could be made available to the mayor upon request.
The text below offers information about the first three items in Narkewicz's order -- on detainer requests, traffic stops and police services -- with information about Springfield police policies on those subjects.
Detainer requests
A key difference between policies in Northampton and Springfield involves federal requests to hold individuals who've been arrested beyond the time they'd typically be released.
Northampton: Under Narkewicz's order, the Northampton Police Department does not honor or enforce detainer requests from U.S. Immigration Customs enforcement that are "non-criminal and not subject to a judicially issued warrant."
Narkewicz has publicly stated that police in his city do honor criminal detainer requests issued by federal agencies and courts.
In a Jan. 31 interview with the David Pakman Show, Narkewicz expanded on the detainer issue: "We've basically opted not to enforce what the Department of Homeland Security itself has said is an optional order, which is an administrative detainer request. We'll accept a court order, we'll accept a warrant -- but we will not hold people for up to 48 hours without charging them with anything at the behest of a bureaucrat in Washington."
That 48-hour window is outlined in the Department of Homeland Security's Priority Enforcement Program, a successor to the Secure Communities Program. Under the Priority Enforcement Program, federal officials may issue a "Request for Voluntary Action" asking a local law enforcement agency to hold an individual who has been arrested for up to 48 hours beyond the time he or she would have otherwise been released from custody.
Springfield: Sarno and Barbieri said that if a person is found in Springfield who is wanted by U.S. Immigration and Customs Enforcement, the Police Department will contact the case agent.
"If the case agent requested that the subject be detained we would honor that request," Sarno and Barbieri said. "The database is for wanted felons not civil immigration violations. If there is no state charge -- the subject is sent to court and the court would determine if they are held."
According to a draft Springfield police policy document reviewed by The Republican, if an officer in charge receives a federal detainer request, that officer must immediately inform the bailing clerk or assistant clerk magistrate. The policy states: "If the Clerk orders the arrestee to be held to be held at Police Headquarters pending the transfer to federal custody, federal law provides that the individual cannot be held on a Detainer for longer than 48 hours, excluding weekends and holidays."
Traffic stops
Northampton: Narkewicz's 2014 order directed the police department to allow drivers stopped for a violation who don't have a valid license "a reasonable opportunity to arrange for a properly licensed operator to drive the vehicle" -- regardless of their immigration status. The policy does not apply to violations that otherwise trigger a mandatory impoundment of the vehicle.
Springfield: Immigration status is not checked during routine traffic stops, Sarno and Barbieri said. Though no specific written policy exists, the police department will allow a vehicle to be driven away by a licensed driver if the motorist is unlicensed. Vehicles are towed if they are determined to be unsafe to operate, evidence in a crime, or if they are impeding traffic.
Police services
Northampton: Narkewicz ordered his city's police department to continue and enhance existing programs and procedures that allow immigrants access to police services in their native languages.
In a 2016 interview with the Daily Hampshire Gazette, Northampton Police Chief Jody Kasper said her department will assist federal officials in arresting wanted criminals. But, she said, "I want immigrants to feel they can safely report crimes. I want them to feel they can walk in our front door and we will help them. To me, that's why sanctuary cities are important places."
Springfield: Asked if the Police Department has any programs would offer an immigrant access to police services in his or her native tongue, Sarno and Barbieri said there is a written policy, in place since June of 2016, regarding a "limited English proficiency and language access plan."
The policy is geared to assist such individuals to ensure there is "maximum communication ability between law enforcement and all segments of the community," it states. For example, it calls for the department to provide help from bilingual officers and staff -- in person or by telephone -- and gives supervisors "liberal authority to approve the use of interpretation services" to assist them.
Policies reviewed by The Republican state that a person's right to file a police report, participate in neighborhood watches and other police-community activities, or "otherwise benefit from general police services" is not contingent on the individual's immigration status.
Additional Springfield policies
The draft Springfield Police Department policy document specifically states that enforcement of immigration laws are the primary responsibility of the federal government.
"Accordingly the Springfield Police Department shall not undertake immigration-related investigations and shall not routinely inquire into the specific immigration status of any person(s) encountered during normal police operations," the draft policy states. "The prohibition does not preclude the Springfield Police Department from cooperating and assisting federal immigration officials ... when formally requested as part of an ongoing criminal investigation, or from notifying those federal officials in serious situations where a potential threat to public safety or national security is perceived."
The policy then outlines the handling of federal detainer requests.
Regarding police procedures, the document directs police to detain individuals in response to a federal request for assistance only in the case of "reasonable belief" that the individual is either involved in criminal activity -- beyond a civil violation of federal immigration laws -- or wanted on an active warrant.
While Sarno has stated he will not sign any local executive order sought by activists opposed to President Donald J. Trump's policies on illegal immigration and stance on sanctuary cities, the mayor also said he did not fully support the handling of a presidential executive order on immigrants and refugees.
"On President Trump's executive order -- rollout was lacking and too broad based," Sarno said. "Better if it was more fine-tuned and methodical in order to dispel any misinterpretations."
But, Sarno said, he will continue cooperation with federal authorities and will not jeopardize federal funding by opposing orders issued by Trump, who has threatened to cut funding to so-called "sanctuary cities."