ICE FAQs

The Georgetown Police Department has recently seen an increase in ICE enforcement across Essex County and would like to share important information and frequently asked questions with the community. As always, Georgetown Police is committed to the safety and security of Georgetown and its residents.

The Massachusetts Supreme Judicial Court has ruled that police in Massachusetts do not have legal authority to hold or detain individuals based solely on federal civil immigration detainers. ICE civil detainers are not judicial warrants. Any Massachusetts police department that holds or detains an individual based solely on a civil immigration detainer faces liability for unlawful arrest. 

Can I be detained or deported by the Georgetown Police Department during a general police encounter, such as a motor vehicle stop, a call for service or a request for medical aid, because of my immigration status?

No, the Georgetown Police Department does not have the authority to enforce federal immigration laws. You will not be arrested or detained by Georgetown PD solely because of immigration status.

Can I be detained or deported by the Georgetown Police Department if I report a crime or am a witness to a crime, because of my immigration status?

No, the Georgetown Police Department does not have the authority to enforce federal immigration laws. We are committed to equal enforcement of the law and equal service to all members of the community, regardless of immigration status.

Can a Georgetown Police officers stop or detain someone solely to check immigration status?

No, Georgetown Police officers cannot stop or detain someone to check immigration status.

Does Georgetown PD enforce federal immigration laws?

No, local police, including GPD, do not have authority to enforce federal civil immigration laws. Local police may, however, cooperate with federal law enforcement on criminal matters unrelated to immigration status.

Does Georgetown PD detain people based solely on immigration status?

No, Massachusetts law (Comm. v. Lunn) prevents local police from detaining people based solely on immigration status.

Is the Town of Georgetown, Massachusetts a Sanctuary Town?

No, Georgetown, Massachusetts, is not a Sanctuary Town. However, consistent with Massachusetts law, the Georgetown Police Department does not enforce federal immigration law or detain individuals solely on the basis of I.C.E. detainers or administrative warrants.

Do federal immigration officers have enforcement authority in Georgetown?

Yes, federal immigration officers have full authority to enforce immigration laws anywhere in the country, including Georgetown. The Georgetown Police Department does not have the authority to prohibit federal immigration officers from coming into our jurisdiction nor are they required to obtain our approval before taking action within the community.

If arrested by a Georgetown Police officer, will they ask about my immigration status?

No, the Georgetown Police Department does not inquire about immigration status during the booking process, however once fingerprinted, other law enforcement agencies could be electronically notified that you are in police custody, and for what charges.

Might the Georgetown Police Department accompany I.C.E. Agents when they are acting under their authority within the Town of Georgetown?

Yes, it is possible. Georgetown Police officers may accompany I.C.E. agents to maintain public safety and protect bystanders during federal enforcement actions. However, the GPD does not participate in civil immigration enforcement or detain individuals solely based on I.C.E. detainers.

Are federal immigration officers permitted to enter private property?

In most circumstances, absent exigent circumstances, a federal immigration officer must have either consent from the occupant or a judicial search warrant to enter private property. Administrative warrants issued by I.C.E. (such as Form I-205) do not permit forced entry.

If approached by someone who states they work for I.C.E., am I allowed to request identification?

Yes, you can lawfully request an I.C.E. agent’s name and employment identification number. You can also request a copy of any documents you are the subject of, such as a civil or criminal immigration detainer / hold or a search warrant.

Does the Georgetown School District communicate student immigration status to the Georgetown Police Department?

No, nor is it asked about during police / student encounters.

How do I find out if someone I know has been detained by I.C.E.?

There are a few ways to inquire into a specific I.C.E. detention:

1. Check the I.C.E. online Detainee Locator System: https://locator.ice.gov/odls/#/search
2. Contact the Boston I.C.E. Enforcement & Removal Operations (ERO) Field Office Boston.Outreach@ice.dhs.gov or (781) 359-7500
3. Submit a Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (I.C.E.)
4. Check with your local police department. Please keep in mind, federal law enforcement agencies may check in with and/or request assistance from local law enforcement as it relates to federal law enforcement action taking place in a specific municipality; however they are not legally required to. This means your local police department may or may not have knowledge of who was federally detained out of their jurisdiction.

What if I suspect someone is missing, but they are not showing as detained by I.C.E.?

You can and should always report missing persons to your local police department. If known, be prepared to share the following information:

• Full legal name of the missing person
• Individuals’ residential and workplace addresses
• Date of Birth, Social Security # or Driver’s License #, if known or applicable
• Physical description of the person, including a recent photo, if available
• Last known location / contact and, if known, what they were last seen wearing
• Cell phone number and cell phone carrier, if known
• Vehicle make, model, color, license plate number