Traffic stops for undocumented immigrants policy under review

On March 30, 2022, in Latest News, by The Somerville Times

A report by the city’s Equity, Gender, Seniors, Families and Vulnerable Populations Committee shed light on police policies regarding the handling of undocumented immigrants.

By Jim Clark

At the latest meeting of the Somerville City Council on Thursday, March 24, members of the Equity, Gender, Seniors, Families and Vulnerable Populations Committee reported on the results of their previous meeting on Tuesday, March 15.

Among the various issues covered, an order that the Chief of Police and the Director of Racial and Social Justice report on the city’s policy for traffic stops for undocumented immigrants, how they adhere to the Somerville Welcome Community Ordinance, how reporting to immigration agencies is prevented and what information is provided to residents to educate them on Somerville’s Welcome Community Ordinance was addressed and resolved.

At the meeting, Somerville Police Chief Charles Femino stated that this issue was discussed in 2019 when the Welcoming Committee was passed and the ordinance was conveyed to the Somerville Police Department.

Femino stated that practices were put into place but were not formalized as policy. It is now formalized and mirrors what was put in place in 2019.

When stopping a driver who does not have a driver’s license, there is no arrest made but summoned to court. The police department tries to park the car legally and decide for someone to come to the scene to drive the car away rather than tow the vehicle.

Usually, there is a diverse group working at the police department and they will be called to provide translations either over the phone or through the dispatcher. The police department explains the rights to the individual, how they can appeal the summons and to appear before the court.

Racial and Social Justice Director Denise Molina Capers said she looked into the policy of the Police Department and believes it is handling the process according to best practice for sanctuary cities.

Femino and Capers indicated that the Welcome ordinance will be made into a webinar and will be accessible to the public. Chief Femino stated they have been working together and discussed how to create webinars in different languages to help the community understand the process. This also includes how to get a license.

There is a new policy that the police department has new officers go through an 8-12-week field training and are then required to read all policies of the department which includes those of ICE and how the city cooperates with ICE.

Femino stated that the Somerville Police Department will implement an annual two-hour in-service training regarding immigrant rights. He also created an ICE form that will soon be put into use.

Committee Chair Beatriz Gomez Mouakad asked about exposure of the individual when they leave the courthouse. Femino noted this is under the state jurisdiction but could discuss implementing a MOU with the state.

Chief Femino also noted the Welcoming Ordinance requires reporting every six months on any immigration/ICE arrests. These reports are given to the council and the mayor.

The Somerville Police Department will be submitting these reports. Chair Gomez Mouakad suggested educating the community about the Welcoming City to help residents understand that they have rights.

 

3 Responses to “Traffic stops for undocumented immigrants policy under review”

  1. TheoNa says:

    So let me see if I understand this. If a citizen who has had their license suspended or does not have a driver’s license gets stopped, they will he arrested. If an illegal alien gets stopped they are given a summons and allowed to walk away.

    If the person who is stopped does not have valid identification, how can the officer be certain that the name given is valid? Does the officer just believe that person?

    Doesn’t this create a loophole where a driver who is a citizen and is driving with a suspended license just has to say that they are an illegal alien with no ID in order to avoid arrest by just making up a name and walking away? No wonder this country is going down the tubes.

  2. Reply to TheoNa says:

    You don’t understand this.

    You assume that a “citizen” will automatically be arrested. That is not the case. Most likely, it’s a fine and a summons.

    https://malegislature.gov/laws/generallaws/parti/titlexiv/chapter90/section23

    This just prevents arrests explicitly and solely because of someone’s immigration status if they happened to be pulled over, and it has been local policy for a few years now, as stated in the article.

  3. Yet another poster says:

    I had a drivers license back in the 80’s. I went to renew it and the line was too long. I’ve got better things to do with my time. Haven’t had a license for 30 years now and I drive every day.