Amherst’s Town Council Calls For ICE Accountability

Members of the Amherst community gathered on Monday for a regular Town Council meeting, where a resolution titled “Town of Amherst Resolution Calling for Federal Immigration Agents to be Held Accountable for Violations of Massachusetts Criminal Law” came before the council and was unanimously passed, with 2 abstentions and 2 absences. 

The resolution has three main tasks, including condemning the unconstitutional actions of Immigration and Customs Enforcement (ICE) agents against Massachusetts (MA) residents. In addition, the resolution calls on the MA Attorney General, local District Attorney, and town manager — in collaboration with town staff and state police — to affirm that federal agents are subject to state law to pursue investigations where warranted, and to communicate those efforts publicly.

Finally, it also calls on MA Governor Maura Healey to end the remaining 287(g) agreement between ICE and the Massachusetts Department of Corrections, which allows ICE to delegate limited federal immigration-enforcement authority to local officers. 

Amherst resident and constitutional attorney John Bonifax started the resolution in December when he sent a detailed letter to the Massachusetts Attorney General and several district attorneys outlining evidence that federal immigration agents may have committed crimes under Massachusetts law. 

“[Vice President] JD Vance has said that federal agents have absolute immunity when they conduct their actions across the country. This is a complete fabrication of the law. There is no such thing as absolute immunity,” Bonifax said. “The Supremacy Clause of the Constitution makes clear that federal agents are provided immunity when they conduct their lawful actions across the country, but they do not have immunity to commit murder, to kidnap, to engage in assault and battery, to engage in legal detentions. Quite simply, they do not have immunity to commit crimes.”

The resolution was supported by Free Speech for People — an organization committed to defending the Constitution, advocating for a democratic self-government, and confronting corporate influences. The following councilors co-sponsored the resolution: Jill Brevik (District 1), Amber Cano-Martin (District 2), Jennifer Taub (District 4), Anna Delvin Gauthier (District 5), and Ellisha Walker (at large). 

Before voting on the resolution began, the meeting opened to general public comment for residents to express their concerns. Twelve residents spoke in support of the resolution regarding federal immigration agents. 

“It is not enough for state law enforcement to simply keep their distance from federal enforcement operations, and [it is] certainly not acceptable to cooperate with them,” Amherst resident Josna Rege said. “Our state needs to work more actively to keep its residents safe and to uphold the constitutional rights that protect our democracy.”

Sharing their personal experiences growing up in the U.S., residents urged councilors to vote in favor of the resolution.

“I came to the U.S. as a child and lived here undocumented for many years. My parents worked long hours, long, long hours. They hold low-wage jobs, they pay their taxes, and they follow the law," a resident said. "They helped others in our community who were walking the same difficult path, and still, my mother was detained in a raid at the factory where she worked. My family was not deported. We were not jailed, and I was not put in a cage. But we all know the reality today is very different."

After hearing from the general public, Councilor Brevik summarized the takeaways, updated amendments, and emphasized the importance of such a resolution in Amherst. 

“The criminal incidents cited in this resolution are all in our state, several in communities really close to Amherst, including reports of detentions without warrants, physical abuse, denial of food and other basic needs, including of minors, and racial targeting and defiance of court orders,” Brevik said.

Although most councilors shared similar sentiments, some voiced concerns about the resolution’s outcome. 

“My concern remains not with the sentiment, which I heartily endorse, but with the fact that it will only serve to draw attention to our community and invite harm to those who are most vulnerable, as an action of the elected representative of the town, I cannot help but draw the kind of attention that I fear may make the most vulnerable actually unsafe,” Councilor George Ryan said. 

Despite these concerns, the resolution was passed with 9 votes in favor, 2 abstentions, and 2 absences. 

As the resolution passed, residents and councilors have echoed calls for real action. 

“It is not merely symbolic. It calls for actions that can make a real difference in the lives of our residents, many of whom are in crisis and afraid to speak up, for fear they will become the next target. Amherst can set an example as the first town in the commonwealth to pass such a resolution; we can inspire other towns and cities to follow suit,” Rege said.