A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 25-36, regarding a request that the language of the Welcoming Community Ordinance be amended to clarify that City employees shall not participate in federal immigration enforcement operations and that the sole role of City employees during any action by ICE is only to protect public safety, and be amended to clarify that if Cambridge Police Department Officers respond to the scene of ICE action, CPD Officers should document the actions of ICE including their badge numbers. PASSED TO SECOND READING AND REFERRED TO THE ORDINANCE COMMITTEE IN COUNCIL JUNE 30, 2025

Megan B. Bayer Assistant City Solicitors Paul S. Kawai City Solicitor Sean M. McKendry Elliott J. Veloso Diane O. Pires Deputy City Solicitor Sydney M. Wright Evan C. Bjorklund Kate M. Kleimola Franziskus Lepionka DONADA First Assistant City Solicitor Andrea Carrillo-Rhoads STUCO RECTINE Joseph R. Posner CITY OF CAMBRIDGE Public Records Access Officer Office of the City Solicitor Seah Levy 795 Massachusetts Avenue Cambridge, Massachusetts 02139 June 30, 2025 Yi-An Huang City Manager Cambridge City Hall 795 Massachusetts Avenue Cambridge, MA 02139 Re: Response to AR 25-36 Requesting that the exception language in Chapter 2.129.040 Section J of the Cambridge Municipal Code be revised with language clarifying that Cambridge city employees shall not participate in federal immigration enforcement operations and that the sole role of Cambridge city employees during any action by ICE is only to protect public safety and not to assist or facilitate the work of ICE Dear Mr. Huang: I am writing in response to the above Council Order that requested that the language of the Welcoming Community Ordinance be amended to clarify that City employees shall not participate in federal immigration enforcement operations and that the sole role of City employees during any action by ICE is only to protect public safety, and be amended to clarify that if Cambridge Police Department Officers respond to the scene of ICE action, CPD Officers should document the actions of ICE including their badge numbers. We have reviewed the language of the Welcoming Community Ordinance and are recommending the redlined changes in the attached in response to the Council Order. We previously met with representatives of the Cambridge Police Patrol Officers Association and the Cambridge Police Superior Officers Association and heard their concerns and took those concerns into consideration when drafting the proposed language. Also, we provided them with the proposed language for review and did not receive a response back at the time of drafting this letter. One concern identified by the unions was the possibility that it could appear that CPD Officers are unlawfully obstructing immigration enforcement activities if Officers are required to obtain identification from federal officers. The Department of Homeland Security's regulations only require that immigration officers "Identify himself or herself as an immigration officer who is authorized to execute an arrest," and only when it is safe and practicable to do so. 8 C.F.R. Telephone [phone removed] Facsimile [phone removed] TTY/TTD [phone removed]

§287.8(c)(2)(iii). They are not required to provide their name and a badge number. Therefore, we have recommended language that requires CPD Command Staff members to take measures to verify that the individuals on scene are federal agents conducting federal immigration enforcement. The specific procedures will be addressed through internal CPD procedures and will include contacting the regional Homeland Security office upon a report of what appears to be immigration enforcement activity in the City to confirm the operation is being performed by Homeland Security. Additionally, the Council Order requests that CPD comply with the reporting requirements in Section 2.129.060 of the Ordinance. CPD plans to submit a report under this requirement to the Council in September of this year, and then will do so every six months per the Ordinance. We will be available to discuss with the Council. Very truly yours, Megan B. Bayer meagBay City Solicitor Attachment