Understanding Amherst’s Sanctuary Policies: A Guide for Property Managers
As a property manager in Amherst, Massachusetts, it’s essential to understand the town’s sanctuary policies and how they may impact your responsibilities, especially concerning interactions with federal immigration authorities. Amherst has a strong commitment to protecting the rights of all its residents, regardless of immigration status. This commitment is enshrined in the town’s bylaws and reaffirmed by local officials.
Amherst’s Sanctuary Community Bylaw
In 2017, Amherst adopted the “Sanctuary Community Bylaw” (Section 3.9 of the General Bylaws), which outlines the town’s stance on immigration enforcement. Key provisions include:
Non-Cooperation with Federal Immigration Enforcement: Town departments and employees are prohibited from performing the functions of immigration officers. This means they do not inquire about or report an individual’s immigration status to federal authorities.
Protection Against Discrimination: The bylaw ensures that no town resources are used to enforce federal programs that require registration based on national origin, religion, or other protected characteristics.
Recent Developments
In November 2024, following an Immigration and Customs Enforcement (ICE) action in nearby Northampton, Amherst officials reaffirmed their commitment to the sanctuary bylaw.
Implications for Property Managers
As a property manager, it’s crucial to align your practices with Amherst’s sanctuary policies. Here’s what you need to know:
Handling Inquiries About Tenants’ Immigration Status: You are not obligated to inquire about or disclose a tenant’s immigration status. Doing so could violate local bylaws and erode trust within the community.
Responding to ICE Requests: If ICE agents contact you seeking information or access to your property:
Verify Credentials: Politely request identification to confirm they are official representatives.
Request a Judicial Warrant: Amherst’s policies require federal agents to present a judicial warrant for access. Administrative warrants or ICE detainers are not sufficient.
Consult Legal Counsel: Before taking any action, consult with an attorney familiar with immigration law and local policies to ensure compliance and protect your tenants’ rights.
Educate Your Staff and Tenants: Ensure that your team understands Amherst’s sanctuary policies and knows how to respond appropriately to inquiries or visits from federal immigration authorities. Providing tenants with information about their rights can also foster a sense of security and community.
Resources for Further Information
Amherst Sanctuary Community Bylaw Fact Sheet: Provides detailed information about the bylaw’s provisions and implications.
American Immigration Council – Sanctuary Policies Overview: Offers a broader perspective on sanctuary policies and their legal foundations.
National Conference of State Legislatures – Sanctuary Policy FAQ: Answers common questions about sanctuary jurisdictions and related legal considerations.
By staying informed and adhering to Amherst’s sanctuary policies, you not only comply with local laws but also contribute to a welcoming and supportive environment for all residents.
