Over the past several months, many Berkshire residents have been shocked and disturbed by the presence of U.S. Immigration and Customs Enforcement (ICE) in our community.
Who wouldn’t be rattled by heavily armed men in combat gear carrying battering rams? Whatever your politics, we can probably agree that in the past six months, life has changed dramatically for our immigrant neighbors. Owners of restaurants, farms, and production facilities that may employ immigrants need to know how to operate in this new environment. For guidance, we contacted Melissa Canavan, executive director of the Berkshire Immigrant Center (BIC). Here’s what she had to say:
Edible Berkshires: In general, how have things changed for immigrants over the past few months?
Melissa Canavan: The immigration system in general has not been easy to navigate. But right now, there’s an unprecedented level of policy changes taking place left and right. No matter what their status is, I do think immigrants should seek guidance from a licensed immigration attorney or a Department of Justice–accredited representative from an organization like BIC. It’s important to speak with a verified attorney or accredited representative because immigrants need someone who understands the changes that are happening and if and how they impact an individual’s case. For example, Temporary Protective Status (TPS) is being threatened or terminated for certain countries, which means those who have been affected should review other legal pathways. How they arrive, where they came from, how long they’ve been here, if they got married here—every one of those answers inform what options are available, and each situation is unique, so one solution might not work for someone else.
EB: What do employers, such as restaurants and farms, need to know about potential encounters between ICE and their immigrant employees?
MC: Employers should have a preparedness plan in place. Your team should know what to do and say, and as a business owner, you need to decide who is talking to the agent if they show up to your business. Anyone can come into a public space, but you can designate private spaces or restricted areas. It is also important to understand the difference between a judicial warrant and an administrative warrant. A judicial warrant must be issued by a court, be signed by a state or federal judge, specify the address to be searched, and be executed within the specified timeframe. If any of these elements are missing, then it’s not a valid warrant. The Berkshire Alliance to Support the Immigrant Community’s website (basicberkshires.org) has an institutional preparedness packet—guidelines on how to prepare your space should ICE come.
EB: Are there some basic dos and don’ts that people should know about?
MC: What people should know is that in a lot of these instances, you’re not going to be able to stop what’s happening, and you are going to feel helpless. But you can prepare your team to understand what they can do in those moments to be an ally. You can take a video and/or keep a detailed description of the incident, including agent appearance, identification, vehicle make, model, color, and license plate. The most important thing to remember is to not interfere or escalate the situation because that could get you arrested or get the immigrant in more trouble. It’s worth mentioning that it’s highly unlikely that they’re going to tell you what agency they represent, or what their ID number is, especially if you’re berating them. Some people have found that if you take the time to be kind, they may actually give you the information you’re asking for. Because as much as we don’t like what’s happening, these are also people who are just doing their job.
Berkshire Immigrant Center
141 North St., Ste. 303
Pittsfield
413-445-4881
berkshireic.org
Berkshire Alliance to Support the Immigrant Community
basicberkshires.org
