Acton BOS Immigration Policy

Vote of the Acton Board of Selectmen
October 30, 2017

The Board of Selectmen (the “Board”) of the Town of Acton (“Town”), pursuant to its authority as the executive body of the Town, hereby adopts the following Policy concerning information on an individual’s immigration status.

1. Under 8 U.S.C. §1373 and §1644, federal law prohibits town officials from imposing limits on maintaining, exchanging, sending, or receiving information regarding citizenship and immigration status with any federal, state, or local government entity.

2. No Town bylaw, policy, procedure or regulation is intended to violate those federal laws or the laws of the Commonwealth of Massachusetts.

3. No employee of the Town shall inquire about or collect any information regarding the citizenship or immigration status, lawful or unlawful, of any individual unless the laws of the Commonwealth of Massachusetts or the Bylaws of the Town of Acton require municipal employees to do so.

4. No employee of the Town shall detain a person based on the belief that the person is not present legally in the United States or that the person has committed an immigration violation.

5. No employee of the Town shall perform the functions of an immigration officer, nor shall the Town use Town funds, resources, facilities, property, equipment or personnel to assist in the enforcement of federal civil immigration laws. Notwithstanding the prior sentence, nothing in this policy shall prevent an officer, employee or department of the Town from lawfully discharging duties in compliance with and in response to a lawfully issued judicial warrant, judicial subpoena, or judicial detainer.