Bangor City Council is considering an ordinance that would restrict cooperation with federal immigration authorities.
A discussion of two proposed local ordinances Monday follows a January immigration enforcement surge in Maine dubbed “Operation Catch of the Day” by federal agencies that arrested 206 immigrants living here. The operation has drawn protests statewide, including in Bangor.
It also comes after Bangor’s City Council voted down a resolve in October that would’ve clarified the city’s procedures around potential agreements with U.S. Immigration and Customs Enforcement.
Councilors Monday narrowly voted to further consider a proposal penned by Councilor Michael Beck that would establish limits on city involvement with federal immigration enforcement.
A proposal by Councilor Susan Faloon to bar recent ICE agents from being hired as law enforcement officers in Bangor and bar city employees from wearing identity-concealing face coverings when interacting with the public failed to move to the next stage of review.
Monday’s proposed ordinances were stronger than the statement that failed to get the council’s support in the fall. However, the makeup of Bangor’s council has also changed since then after three first-time councilors were sworn in, all supported by local progressive organizations.
Beck’s proposed ordinance would limit the city’s cooperation with federal immigration agencies by banning the use of city funds, facilities, equipment, data or staff for immigration enforcement against people “whose sole alleged violation of law is a civil immigration violation.”
It would also bar official agreements that would deputize city staff to enforce federal immigration laws and establish a public reporting system for alleged violations of the ordinance that would be maintained by the city manager.
In a summary of the ordinance, Beck noted that the city would follow state and federal laws and cooperate in investigating criminal activity. “What this ordinance does is draw a firm line between local public safety responsibilities and federal civil immigration enforcement,” he wrote.
In Monday’s workshop, he framed the ordinance around fiscal responsibility, arguing that local tax dollars should be “reserved strictly for local safety priorities.” He added that collaboration with federal immigration agencies could make residents afraid to report crimes or access services.
Beck alluded to the proposed ordinances at a demonstration last month of more than 200 people protesting ICE activity in Maine, urging them to attend Bangor City Council meetings and voice their support for anti-ICE measures.
He told the Bangor Daily News at the time that he was inspired by local government actions in Minneapolis to limit ICE activities. The city’s mayor, Jacob Frey, signed an executive order in December barring federal agencies from using city-owned parking lots, ramps, garages or vacant lots to stage immigration enforcement operations.
Some councilors raised concerns in Monday’s workshop that the measure was unnecessary or could put the city at risk of losing federal funding.
“Bangor doesn’t need to interject itself where we may face consequences that are unexpected,” Councilor Carolyn Fish said, adding that none of her immigrant friends were afraid of ICE.
Councilor Wayne Mallar agreed, saying, “We don’t see ICE around that much doing anything. I think this is something that we need to wait on.”
Faloon, on the other hand, read several anonymized descriptions of people who have been detained by ICE in the Bangor area, saying she’d learned about them through conversations with the Maine Multicultural Center.
Bangor Police Chief Mark Hathaway told councilors the ordinance wouldn’t change any part of his department’s operations since “we’ve never engaged in immigration enforcement.” He added that nothing in the language of the ordinance caused him any concern.
City Solicitor David Szewczyk recommended against passing the proposal in its current form, raising concerns about the provisions barring local officers from spending any time on inquiries from ICE or CBP and mandating a public list of complaints. He said the ordinances would need significant time for further legal review.
The council voted 5-4 to move Beck’s proposal to a first reading, after which it will go to a committee for further discussion. Beck said he anticipates the ordinance will be edited as part of that process.
Councilors Daniel Carson, Joe Leonard, Angela Walker, Beck and Faloon voted in favor, while councilors Susan Deane, Susan Hawes, Fish and Mallar voted against.
Szewczyk said he believed the provision in Faloon’s proposal that would have barred the city from hiring former ICE agents for law enforcement roles violated the U.S. Constitution.
That proposal failed in a 4-5 vote, with all councilors voting the same way as they did on Beck’s except for Carson, who voted against Faloon’s ordinance.
Monday’s discussion drew the attention of the ACLU of Maine, and Faloon mentioned Monday that she and Beck spoke with one of the group’s lawyers before the meeting.
The legal advocacy organization sent a text message blast to local residents and launched an email template that supporters could send to Bangor city councilors urging them to pass the ordinances. A Maine ACLU spokesperson did not respond to a request for comment Monday afternoon.
If Beck’s measure passes, Bangor’s City Council would join Portland in taking official stances on local ICE operations.
Portland’s City Council voted last week to authorize the mayor to participate in lawsuits over the enforcement surge. The southern Maine city also passed a resolution condemning ICE conduct in the city in September.
