On May 29, the City of Newton was among 12 Massachusetts cities — along with the Commonwealth and 13 of its 14 counties — named by the U.S. Department of Homeland Security (DHS) as “sanctuary jurisdictions” that DHS said “obstruct the enforcement of Federal immigration laws, …protect dangerous criminal aliens …and put law enforcement in peril.” In all, the list included 14 states, 393 counties, and 195 municipalities.
Mayor’s statement
The next day, Mayor Ruthanne Fuller said in her newsletter, “The White House is wrong” and stated that “The City of Newton Welcoming City Ordinance is in complete compliance with federal and state law as are the City’s actions,” and since that ordinance was passed in 2017, “there have been no instances where the City has protected dangerous criminals or obstructed the enforcement of federal immigration laws.”
Days later, the list of “sanctuary jurisdictions” was removed from the DHS website without announcement (copy available here).
Federal funding at risk
The Executive Order calling for DHS to prepare that list also called for Federal agencies to identify Federal funds that could be suspended or terminated to “bring these “bring such jurisdictions into compliance with the laws of the United States.”
Mayor Fuller noted that Newton receives about $10 million in Federal funds annually in an operating budget of $623 million. Regarding that $10 million, the Chief Operating Officer Jonathan Yeo said, “Much of the funding goes to the Newton Public Schools, primarily for special education. Federal funding also comes to Newton through Community Development Block Grants, which are used for the development, rehabilitation, and preservation of affordable housing for low- and moderate-income individuals.”
Mayor Fuller stated that DHS’s targeting of Newton and the threat of withholding funding “is legally incorrect, constitutionally wrong, morally compromised, and deeply unsettling.” She closed by saying, “As Mayor, I will uphold the Constitution, federal and state laws, keep Newton a safe community for everyone, and uphold the civil rights of all.”
In a postscript, Mayor Fuller provided a link to “KNOW YOUR RIGHTS: ICE Enforcement — A Guide for Immigrants, Families, and Communities,” published by the Massachusetts Attorney General’s Office document.
City Councilors’ statement
UPDATE: All 24 members of the City Council have signed a joint statement to the community refuting claims in the Executive Order and DHS list cited above. Specifically, the City Councilors declared false the claim that Newton is “a lawless insurrection against the supremacy of Federal law and the
Federal Government’s obligation to defend the territorial sovereignty of the United States.”
The Councilors’ statement continues: “The City of Newton, specifically in its capacity as a law enforcement agency, is prohibited from taking any action that denies any individuals due process of law, under the Constitution of the United States of America and the Constitution of the Commonwealth of Massachusetts, regardless of immigration or citizenship status. Our commitment to uphold this civil right is reflected in our municipal ordinances. We will not be intimidated or coerced into abandoning that.”
The statement was initiated and prepared by Councilor Bill Humphrey (Ward 5), and he led the effort over June 1-4 to acquire signatures from every current member of the City Council.
DHS cites compliance factors used in compiling the list
DHS had said that the list was “determined by factors like compliance with federal law enforcement, information restrictions, and legal protections for illegal aliens.” It also said that each jurisdiction “will receive formal notification of its non-compliance with Federal statutes [and will be required to] immediately review and revise …policies to align with Federal immigration laws.”
In introducing the list, DHS qualified its statement by saying, “No one should act on this information without conducting their own evaluation of the information.”
Ed. Note: We have updated this article to include the statement signed by all City Councilors.
