President Trump's pledge to crack down in illegal immigration has many in the Island community fearing the worst.
Mark Lovewell

Arrests Don't Equal Sweep, But Immigrant Community on Alert

Arrests last week of two people by Immigration and Customs Enforcement officers were isolated events, officials say, but they triggered rumors and fear around the Island.

The arrests last week of two people by U.S. Immigration and Customs Enforcement officers were isolated events, officials say, but they triggered rumors and fear around the Island among immigrants unsettled by President Trump’s pledge to crack down on illegal immigration.

An ICE spokesman confirmed this week that Marcelo Fernandes Frias was arrested by ICE officers on March 9. Mr. Frias has a prior drunken driving conviction and was previously removed from the United States in 2005, the spokesman said. He is currently in ICE custody in Bristol County and will remain there pending reinstatement of the prior removal order, the spokesman said.

According to a police report, Oak Bluffs police accompanied ICE agents at their request when they served the warrant to Mr. Frias, who was taken into custody after getting into a passenger seat of a vehicle on Debettencourt Circle.

Another person was arrested in Vineyard Haven, according to Island police. Tisbury police could not be reached for comment and ICE could not confirm an arrest without a name.

Immigration attorney Rachel Self, who practices on the Island and elsewhere in Massachusetts, said she received a flurry of phone calls last week from people concerned that undercover agents were conducting a widespread sweep on the Island. Discussion of similar rumors also took place on an Island Facebook group.

Immigration lawyer Rachel Self said she's noticed a changed landscape for her clients since the presidential election.
Mark Lovewell
Immigration lawyer Rachel Self said she's noticed a changed landscape for her clients since the presidential election.
Mark Lovewell

“In no way was it a raid; in no way was it a random sweep,” Ms. Self said.

Edgartown Police Chief David Rossi, whose department was not involved in any actions, agreed that word of the arrests “caused a lot of anxiety,” noting that it is not unusual for immigration officials to serve warrants on the Island, and police will assist if asked.

“I saw a lot of stuff on social media, which is unfortunate because people get hyped up over something they shouldn’t,” he said.

Ms. Self said that if those who have been ordered deported in the past are found to be in the country, they do not have the right to go before a judge again. “Once they come back after an order of removal that’s a criminal act,” she said, adding that under the law it is perfectly normal for federal immigration officers to visit the Island to enforce the law.

But she said she believed it had been several years since ICE had been on the Island to conduct similar activity.

“It hasn’t been an enforcement priority down here for them at all,” she said.

Ms. Self has been practicing law for 13 years, and said her clients on the Island are from around the world, including Estonia, Bulgaria, Jamaica and Brazil. She said she’s noticed a changed landscape for her immigration clients, which could have contributed to the fear that resulted from last week’s arrests.

“This sweet little hamlet of an Island, and the fear that was installed in this Island last Thursday blew my mind,” she said. “Everybody was just terrified.”

She said she has been focusing on educating her clients and others about their rights. Being in the country without legal status is not inherently a crime, Ms. Self said, and she advises those with immigration concerns of their constitutional rights not to answer questions from an immigration officer.

“The only time you’re required to cooperate is if they have a warrant signed by a judge with their name on it,” Ms. Self said.

Her other advice includes working only with authorized immigration lawyers, seeking second and third opinions from lawyers, learning one’s rights, putting money aside, and having a plan in place for power of attorney and a designated caregiver for young children. She said non-profit organizations are available to help, including the American Immigration Lawyers Association (AILA), Political Asylum/Immigration Representation Project (PAIR), the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA), and the ACLU.

The community group We Stand Together has been at the forefront of the issue, holding public forums and regular meetings. They have also submitted petitions for town meeting warrants asking the towns to vote to “refrain from using town funds and/or resources to enforce federal immigration laws, in keeping with current practices, unless presented with a criminal warrant or other evidence of probably cause as required by the Fourth Amendment of the United States Constitution.” The wording may vary in some towns.

Ms. Self said that part of the problem is that some people have been reluctant to come forward and ask questions or request forms because of fears the police will be there. But at a January community forum about immigration hosted by the Martha's Vineyard Social Justice Leadership foundation, Oak Bluffs police chief Erik Blake said his police officers do not ask people about immigration status. “We enforce state and local laws. We do not enforce federal laws,” he said.

Edgartown’s Chief Rossi said his department does not ask people about immigration status either. “They get treated like any other citizen, so that’s important for people to know,” he said. “We don’t initiate anything, don’t do anything proactive with it.”

Chief Rossi recently met with a couple of students at the Edgartown school who were nervous about immigration issues, including their parents’ status.

“They shouldn’t be afraid of us, any of the local police,” he said. “We’re not looking to round up people, not going to people’s homes, things like that. They still have their fourth amendment rights and things like that. I just want to make that clear.”

Comments

Submitted by Anonymous (not verified) on Fri, 03/17/2017 - 07:18

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Paulli D Edgartown

Chief Rossi, illegal immigrants are not citizens, they broke the law coming here without proper paperwork.

Vicki Divoll Chilmark

Paulli D, read your Constitution! All persons inside the United States, whatever their nationality or immigration status, have constitutional rights. It is not reserved to "citizens." Thanks to Chief Rossi for respecting civil rights.

Susanna Sturgis West Tisbury

In many cases they DID have the "proper paperwork" when they arrived. They may have overstayed their visas. In which case I do believe they're entitled to the protection of the law. At least I hope so.

Susan Desmarais Oak Bluffs

Paulli D.....I'm glad Chief Rossi has the compassion to meet with children at the Edgartown School. It's tragic that circumstances scared children. Immigrants have built and will continue to build this country. I'm the granddaughter of Irish Immigrants, who were looked upon as refuse when the arrived here. The Irish have added a lot to this country. As have scores of other immigrants. Diversity is strength. Please stop judging without knowing them. You have no way of truly knowing if every immigrant here came without proper paperwork. What we do know is that most immigrants, now and throughout history, have come with dreams, plans for a better life. That needs to be honored.

deshandra brown Edg

Susan I'd bet your grandparents came here legally, through Ellis Island, instead of sneaking over the border or overstaying a generous work visa. Historically immigrants came here, got in line for their turn (my friends from Italy waited 14 years), came here and worked, contributed to the country and were proud to be an American. They didn't break the law, and expect the rules to be changed to suit them. They didn't show up at the local charities with the same photocopied letter and drain it of the food generously donated by the community. They didn't burden the health care system expecting (and receiving) free healthcare. People came here and assimilated as "Americans', not 'hyphenated-americans'. When people come here and abuse the system it ruins it for those who wait their turn in line and play by the rules. Law breakers should not be rewarded.

Submitted by Anonymous (not verified) on Fri, 03/17/2017 - 07:48

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Bob Fargo Edgartown

Just another case of the liberal loonies going crazy over something that has been going on for years. Their God Obama was doing the same thing and before that Clinton. Legal immigrants should be welcomed with open arms, illegals should be deported immediately!

Submitted by jaldeborgh (not verified) on Fri, 03/17/2017 - 09:13

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John Aldeborgh Edgartown, MA

Okay, I'll kick the hornets nest. Why are people "living in fear" when the ICE officers are just doing their job, are they doing something wrong by enforcing the law, or am I missing something. It seems that today laws should only be enforced on some things, and somehow the judge and jury has become how the mainstream media chooses to report the latest social media trend du jour. We seem ready to lynch people when some laws are broken (just light up a cigarette in an expensive Vineyard restaurant in July and watch how people react, your taking your life in your hands) but at the same time people are just as willing to lynch people when different laws are enforced. This is wildly inconsistent. We either are a nation of laws or we are not, you can't be selective. If we don't like the laws, we can change them; and just because a law is old or we don't happen to like it doesn't make it wrong or obsolete. We've stopped being objective and/or rational.

Submitted by Anonymous (not verified) on Fri, 03/17/2017 - 09:34

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Taryn Oak Bluffs / mystic

People are so quick to make up drama on this island. Leave the police alone to do their jobs. It's not always about you. Get off the Internet and do something useful instead of stirring up drama on a Facebook group.

Submitted by Anonymous (not verified) on Fri, 03/17/2017 - 14:13

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R. Hall Vineyard Haven

Divided we fall.

Some "Illegals" eventually become members of the community, and become citizens.

Anyone opposed? Simply jot down the steps for "legal immigration" and give it to your local "illegal" to help them out...oh...can't find those steps? Just complain in an on-line comment rant, then! Carry on-

Submitted by Anonymous (not verified) on Fri, 03/17/2017 - 16:26

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Theodora R. Edgartown/New Jersey

Yes president Obama did deport more illegal aliens than Clinton, Bush or Reagan but he did so without having to lie about the facts generating unnecessary feelings of hate and fear. Most illegal aliens work in jobs we Americans would prefer not to. Remember that when you're asked to pay more for goods and services . More importantly, how does one deport a child who knows no other place but America as home? Compassion is the greatest gift we can bestow. Hopefully we will all begin to remember that and think of the kindnesses bestowed upon us before speaking in generalities.

John Aldeborgh Edgartown, MA

Simple question, is it compassionate to enforce the same laws on some people and not on others. No, of course not, it's discrimination, which is not compassionate. Yet you are advocating that it's okay to allow illegals into the country, so by that logic, anyone is welcome, otherwise it's not compassionate, or are we only to be compassionate to people who sneak into the country, thereby breaking the law? By your logic we should eliminate home land security, no more passport control, totally open boarders, so anyone in the world can come in without any filter as there has never been a filter on illegals. This is the natural compasionate extension of your thinking. The next question becomes which laws do we enforce, in the name of compassion, who's to be the judge of this so called compassion. Should we be more compassionate to tax paying American citizens or those who are not tax paying American citizens, by your logic they are exactly the same. I could go on but you get my point.

Submitted by Anonymous (not verified) on Sat, 03/18/2017 - 11:22

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Very Annoyed Vineyard Haven

My grandparents came on the boat and were processed thorough Ellis Island. They had sponsors who were responsible for them to make sure they learned to speak English and got a job. No Welfare!!! My mother was the first born USA citizen that was a tremendous source of pride for the new family in America. My grandparents worked hard to become naturalized citizens. My great uncle serviced proudly in WWII and was master mason. Everyone is missing the Pride regarding the waiting in process and what it means to succeed with hard work, Pride is earned not given!!!!

Submitted by Anonymous (not verified) on Sat, 03/18/2017 - 13:52

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Ken M Edgartown Ma. & Sanibel Fl.

Look at the pictures of the kids at the Dairy Queen opening. That's how kids are supposed to look. Kids should not be scarred out of their minds that they are going to rounded up and deported. Way to go Chief Rossi. Ken M.

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