ACLU’s Gideon Epstein addressed the City Council, advocating for amendments that would strengthen civil liberties in the community.

By Harry Kane

Lawmakers have proposed a series of amendments to a city ordinance to further enhance civil rights protections in Somerville.

City Councilors discussed the urgent need to update the Somerville Welcoming Community Ordinance during the City Council meeting on April 9.

“We are living through a completely unprecedented time of federal assault on our constitutional rights,” said Ward 3 City Councilor Ben Ewen-Campen. “We are just seeing an all-out attempt to terrorize immigrants, sending militarized federal agents into cities across the country.”

Local residents have reached out to City Councilors to determine if the city is being “bullied” or “co-opted” into being a “tool” for these federal efforts. Councilor Ewen-Campen explained that Somerville is not going to participate in any “federal attacks” considered to be “constitutionally protected activities.”

Gideon Epstein, a Technology for Liberty Policy Counsel at ACLU of Massachusetts, was sponsored by Councilor Ewen-Campen to speak in support of the proposed amendments to the ordinance that will be discussed over the coming weeks in the Legislative Matters Committee.

“The amendments before the Council today strengthen Somerville’s commitment to being a true welcoming city, not just in name, but also in law,” said Epstein.

The amendments will “close critical gaps,” he explained. City employees, including the police department, would be explicitly prohibited from assisting federal or out-of-state agencies conducting civil immigration enforcement, except where required by federal law or by a court order, according to the proposed amendments.

“Somerville taxpayer dollars should not be used as tools of federal immigration enforcement,” said Epstein.

Another key addition would prohibit cooperation with any federal operation targeting people for First Amendment-protected activity.

“This matters now more than ever,” said Epstein. “We see federal agents targeting activists, protesters, and organizers.”

Before any city contract is awarded or renewed, according to the amendments, the law department would have to review new agreements for compliance with the Somerville Welcoming Community Ordinance.

Epstein said that cities can “unknowingly and often do enter into data sharing and surveillance agreements with companies that contract with ICE or DHS that violate the spirit of this ordinance.”

By adding the provisions to the ordinance, he says, there will be “accountability,” ensuring Somerville’s values are reflected in vendor relationships.

“The new language gives this ordinance teeth,” he said, explaining that the amendments are only as strong as their enforcement mechanisms. Violations would constitute a “legal injury” and residents would then be able to seek “injunctive or declaratory relief in court.”

There are “whistleblower protections,” added for city employees to report potential violations “to ensure that people can speak up without fear of retaliation,” he said.

“The proposed policy changes before the Council this evening are some of the most consequential actions we can take at the local level to protect immigrants’ and residents’ civil liberties,” said Epstein.

City Councilor At Large Jon Link said he was thrilled to work on these amendments and reiterated the sentiment conveyed by other City Councilors. “We are not going to stand by while people’s rights are suppressed.”

Ward 7 City Councilor Emily Hardt said, “We are united in wanting to defend democracy and ensure that everyone’s civil liberties are guarded and protected.”

She explained that amending the ordinance is an “important step” the city can take to restore trust.

“During this time, that is so scary and sobering, one of the things that gives me a lot of hope and inspiration is the way that we’ve seen neighbors helping one another, looking out for one another, and upholding the rule of law,” said Councilor Hardt.

The item was referred to the Legislative Matters Committee for discussion.