*Please note: Changes in RED have been reviewed by Sudbury Town Counsel, and per Town Moderator these changes are appropriate and within the scope of the article.*
SUDBURY WELCOMING TOWN RESOLUTION
Town of Sudbury, Massachusetts
May 7-9, 2018
Town of Sudbury, Massachusetts
May 7-9, 2018
A RESOLUTION to ensure that Sudbury is a safe and welcoming community for all individuals who visit, work, or live here.
WHEREAS: the Town of Sudbury has long valued diversity and the fair and respectful treatment of all.
WHEREAS: aligned with our country’s core values, our town government, the Town’s police department, and schools welcome everyone regardless of their ethnicity, religion, race, gender identity or sexual orientation.
WHEREAS: the Sudbury Police Department has established a Policy to protect the rights of undocumented immigrants and ensure their fair and just treatment.
WHEREAS: bipartisan efforts have failed since the I990s to fix our broken federal immigration policies.
WHEREAS: the trust undocumented immigrants have in our law enforcement personnel, town employees, and local medical and domestic violence agencies is paramount to their safety and well being and our Police Department’s ability to prevent and solve crime.
WHEREAS: a growing number of immigrants are being deported from our state and country solely because they are undocumented, thereby resulting in fear, broken families, and their return to dangerous places in the world.
WHEREAS: in growing numbers, cities and towns in our state and country have expressed their support of immigrants by becoming welcoming or safe communities.
THEREFORE, BE IT HEREBY RESOLVED: that Town Meeting expresses its solidarity with other towns and cities in Massachusetts and throughout the country that have chosen to become a welcoming or safe community.
BE IT FURTHER RESOLVED: that Town Meeting affirms and supports the following Sudbury Police Department’s Policies on the Treatment of Undocumented Immigrants:
- The enforcement of the nation’s federal civil immigration laws is the sole responsibility of the federal government, not the Sudbury Police Department. No Sudbury police officer shall be appointed as an agent of any agency that would grant them the powers duly authorized under the federal civil immigration laws.
- No police officer of Sudbury shall arrest, detain, or continue to detain or prolong an individual’s detention based solely on their immigration status unless such detainer or document is accompanied by a court order from a court of competent jurisdiction or duly authorized judicial warrant.
- No police officer of Sudbury shall inquire about the immigration status of an individual, including but not limited to, a crime victim, a witness, or a person who calls or approaches the police, or any other member of the public with whom the police officer has contact, unless necessary to facilitate a criminal investigation, protect the personal safety of an individual or keep the peace.
- A person’s immigration status shall not affect their ability to file a police report or otherwise benefit from police services from the Town of Sudbury.
- The Sudbury Police Department will not keep a local index or list of persons suspected of being aliens or deportable aliens.
- No Sudbury police officer shall voluntarily respond to any ICE notification requests regarding civil immigration violations by providing any federal agent or agency information about an individual’s incarceration status, hearing information, length of detention home address, or personal information.
- The Sudbury Police Department may provide information regarding citizenship or immigration status in accordance with state or federal law, including, but not limited to, 8 U.S.C, § 1373. Nothing in this Policy shall prohibit or restrain any Sudbury law enforcement officer from sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status, consistent with 8 U.S.C. § 1373 or an order from a court of competent jurisdiction.
- No police officer of Sudbury or Sudbury Police Department employee shall allow Immigration and Customs Enforcement (ICE) or Customs Border Protection (CBP) agents investigating a civil immigration violation access to municipal facilities or a person in custody for investigative interviews or investigative purposes unless acting under a court order from a court of competent jurisdiction, a duly authorized warrant, or other legitimate law enforcement purpose that is not related solely to the enforcement of a civil immigration violation.
- The Sudbury Police Department will continue to investigate reports of hate crimes, criminal discrimination, and criminal harassment of persons based upon their protected status, including, but not limited to, religion, race, ethnicity or national origin without regard to the person’s known or suspected immigration status within the United States.
- No Sudbury police officer shall participate directly in an ICE tactical operation relative to the enforcement of civil immigration laws. The Sudbury Police Departments role, if any, in such operations is strictly safety related and peacekeeping.
- Nothing shall prevent an officer or employee from lawfully discharging his or her duties in compliance with and in response to a court order from a court of competent jurisdiction, lawfully issued judicial warrant, judicial subpoena, or judicial detainer or acting when necessary to protect public or personal safety.
BE IT FURTHER RESOLVED: that Town Meeting encourages all Town Departments to enact similar policies in regards to the Treatment of Undocumented Immigrants.
BE IT FURTHER RESOLVED: that the Town rejects the word “illegal” and “alien” to describe any human being.
BE IT FURTHER RESOLVED: that the Town upholds and reasserts its belief in basic human rights and the dignity of every human being.
BE IT FURTHER RESOLVED: that the Town Clerk shall forward a copy of this resolution on behalf of the Town of Sudbury to the Massachusetts Congressional delegation and the Governor of Massachusetts.