AG Campbell releases 'Know Your Rights' guide as ICE arrests surge

In response to an increase in immigration arrests, Massachusetts Attorney General Andrea Campbell issued a guide that outlines what immigrants, families and communities should know about their rights if they are approached by ICE or witness detentions in their neighborhoods.

Over the last few months, some arrests have shocked communities. Five federal agents tackled a man in Watertown; a chaotic arrest in Worcester led to an hours-long standoff between bystanders, local police and federal agents; agents smashed a car window to access a man in New Bedford; and a Tufts student who didn’t know her visa was revoked was arrested by plainclothes agents.

“The aggressive ICE tactics we’re seeing across the commonwealth do not protect the public, and instead spread fear,” Campbell stated in a press release.

The guidance responds to questions that the attorney general’s office said it has received about what individuals should do or say if approached by ICE agents, what activity ICE engages in, and the role of local police.

The “Know Your Rights” guide provides information like who ICE agents typically target, when they can enter homes or private spaces, the rights of an individual arrested or detained and the rights of bystanders .

Sarang Sekhavat, chief of staff at the nonprofit Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA), said the guide echoes what his organization and many others have advised for years but said it’s “reassuring” that state officials are in agreement.

Sekhavat said he was pleased to see the inclusion of bystanders’ rights in the guide, which notes that witnesses of an arrest have a right to record, but cannot block, obstruct or assault an ICE agent.

“Including this bystander information is really critical in creating documented history so that when those rights are violated, that there's evidence there and there’s that documentation there of what happens,” Sekhavat said.

Earlier this month, ICE agents apprehended a woman in Worcester as bystanders tried to interfere, shouting “Where’s the warrant?” Local police arrived on scene, and arrested two people.

The guide notes that ICE agents often don’t need a warrant to arrest people they suspect of being in the country illegally if they believe the person is likely to flee before a warrant is obtained.

Campbell's guide points to a variety of state laws that dictate how local law enforcement can interact with federal authorities, including the state's Civil Rights Act and constitution. Per Massachusetts law, state and local police do not have the authority to detain a person based on their immigration status.

The guide lists additional resources for legal help and specific guidance for health care providers, K-12 schools and higher education institutions.

Speaking at the UMass Boston commencement on Thursday, Campbell stressed that she is committed to protecting the rule of law for residents living and studying in the state.

"There's real fear in our campuses, because of the threat against their academic freedom and their ability to teach you and give you creative expression. Real fear that must be acknowledged," she said. "And I will do everything in my power to fight — not only to protect our values — but to protect our residents and our people."

With additional reporting by WBUR's John Bender