’26 Article 38 – Statement in Support of Non-Signing of ICE Agreement 287g

To see if the Town will vote to express that it is not necessary or wise for the Hampton Police Department to enter into a Section 287 (g) agreement with the U.S. Immigration and Customs Enforcement (ICE).

What it Means:  Hampton’s Police Chief has stated that he does not intend to sign an ICE Agreement.  However, this petitioned Warrant Article seeks to reinforce that position with voter input.  Many statements were originally made in the Article that was discussed at Deliberative Session. Ultimately, there was a successful amendment that removed those supportive statements in favor of the question only: To see if the Town will vote to express that it is not necessary or wise for the Hampton Police Department to enter into a Section 287 (g) agreement with the U.S. Immigration and Customs Enforcement (ICE).

Those in Favor of Reinforcing the Not Signing a Section 287(g):  Local law enforcement entities who enter into section 287(g) agreements with ICE are required to absorb all costs, including salaries, benefits, overtime, transportation and materials. Our Police staff would be under the supervision of the ICE agents, and could even be deployed outside of Hampton under the 287g agreement. Since most undocumented immigrants are not criminals, we should not deploy the scarce time and resources of the Hampton Police Department, or incur additional unbudgeted costs, to pursue civil complaints against them. If there is a criminal warrant for their arrest or they commit a crime in Hampton, then the Hampton Police Department should pursue them as they would any other criminal, and no ICE agreement is needed.

We already pay federal taxes to support Immigration and Customs Enforcement, we should not allow any of our local resources to be further diminished by what should be covered by federal agencies. Our highly trained and professional police staff should focus on our local issues. We should stay clear of the potential legal and fiscal liabilities involved in current ICE activities.

Those Opposed Say: The Article is unnecessary, since the Chief already stated that he does not plan to sign a Section 287(g) Agreement.  It would be advisory only, since state law already defers to the local Police Chiefs regarding the signing or not signing of the ICE agreement.  It would give Hampton voters the incorrect message that they have some control over this issue.

Fiscal impact: There is no direct tax impact.