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Molly Curren Rowles is the executive director of the ACLU of Maine.
This month in Biddeford, ICE’s violence culminated in yet another extrajudicial killing, part of a tragic and deadly trend of state violence that is happening because of a failure of law. A recent report from the ACLU examined intentional changes at U.S. Immigration and Customs Enforcement (ICE) that led directly to the chaos, violence, and fear that we have experienced here in Maine.
The changes include reduced vetting of applicants and reduced training on things like constitutional use of force requirements. At the same time, a huge influx of funding to the department has brought thousands of masked, largely unaccountable agents into the streets. The scale and terror mirrors aspects of countries under authoritarian rule.
Though Congress has failed to rein in rogue agents or hold them accountable, the Maine Legislature took decisive action. Three new laws, which we are calling ICE Out of Maine laws, took effect Wednesday, drawing a line to protect Maine from federal overreach, build trust, and allow people to live more safely and freely within important spaces that fall under the state’s control. These new laws are, in our parlance, ICE Out of Policing, ICE Out of Our Homes, and ICE Out of Schools and State Healthcare.
ICE Out of Policing refines Maine law enforcement’s scope of work, preventing them from being used to support mass deportation. Public safety in Maine requires that Maine people feel safe to report a crime, serve as a witness in court, and call for help. If police are acting as deportation agents, interacting with them in these ways can be unsafe for many people. Immigration violations are civil, not criminal, and Maine police have no training, expertise, or time to deploy for immigration operations.
ICE Out of Our Homes protects renters by prohibiting landlords from disclosing certain sensitive details about tenants, such as their immigration status, unless agents provide a valid judicial warrant. If a landlord breaks the law, the tenant can recover the damages they suffered and obtain a court order to prevent recurrence.
When people sign a lease, they should feel confident that their sensitive personal information is safe and secure. And landlords should have the backing of state law when facing agents who may try to bully and harass them into disclosure.
ICE Out of Schools and State Healthcare protects locations including public schools, state healthcare facilities, and state libraries. It is a response to the Trump administration reversing a longstanding policy that prohibited immigration arrests at sensitive locations like these. Prior to this administration, a bipartisan consensus had been reached about the need to approach enforcement differently in these spaces because of the serious consequences to public health and public order if they do not feel accessible or safe.
This law requires employees in certain state-operated locations to deny federal immigration agents access to private spaces and information unless agents present a valid judicial warrant. It will empower frontline employees to protect the people they serve, creating a clear process to follow in the face of agents who might try to pressure or bully employees. Safe access to the places where we learn and heal are at the core of safe and strong communities.
Maine’s ICE Out laws depend on public officials for full implementation across hundreds of entities, including 107 police departments, 253 school districts, and 16 sheriff’s departments. But there’s also a role for Maine people. In this pivotal election season, we urge voters to ask candidates to pledge to uphold the law, hold ICE accountable, and help all Maine people live safe, healthy lives.