Boston police point to fax communication in disagreement with ICE

Boston police say a technology problem may explain, in part, their receiving far fewer requests from federal immigration officials to detain people last year than U.S. Immigration and Customs Enforcement claims. 

A police spokesperson said in a statement that Boston police had asked ICE to start emailing instead of faxing detainer requests. But the email was never used; instead, the department received 15 detainer requests via fax in 2024. That number is consistent with requests to BPD in the last few years.

But after police provided those numbers to the Boston City Council, an ICE spokesperson said the actual number was much higher. ICE said the office issued 198 detainers to Boston police last year to request the custody transfer of people arrested whom ICE had "probable cause to believe were removable non-citizens.”

"The decision not to cooperate with ICE jeopardizes public safety and national security by thwarting ICE custody in a safe and secure environment," an ICE spokesperson said in a statement.

A detainer request is a civil matter that asks police to notify ICE before someone is released from custody. After an arrest, someone could be released by a judge or could post bail.

But Boston police say state and local laws prevent Boston law enforcement from detaining a person solely based on immigration status. The department says it can arrest or detain someone only if a crime has been committed or if a warrant has been issued. It cites Boston's "Trust Act," which prevents officers from holding someone who is eligible for release or has posted bail. Police and local sheriffs also point to a 2017 state Supreme Judicial Court ruling that said local law enforcement cannot arrest or detain a person based only a civil immigration detainer.

Boston police say they received 19 ICE detainer requests in 2023, 12 requests in 2022 and 2 requests in 2021.

In its statement, BPD says will work to improve communication regarding civil detainer requests to comply with annual reporting requirements.

"The mission of the Boston Police Department is community policing," the statement said. "In order to address crime and fear of crime and hold people accountable who violate the laws, Department resources are used to support building trust with the public and strengthening our community partnerships."