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Boston Police Has a Secret Point System That Turns Normal Teenage Behavior Into Gang Membership

Boston Police
Boston Police
Mary Holper,
Associate Clinical Professor,
Boston College Law School
Claire Valentin,
Attorney,
Children's Law Center of Massachusetts
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November 21, 2018

In the face of the Trump administration鈥檚 stepped-up deportation efforts, officials in Boston and other progressive cities have declared their communities safe spaces for immigrants. But behind the scenes, progressive havens like Boston are facilitating the deportations of some of our most vulnerable young people.

As the federal government鈥檚 rhetoric and action around immigration have sharpened and hardened, young immigrants are being systematically slandered and deprived of their rights here in Massachusetts. Too many are inaccurately and unfairly alleged to be involved in gangs, according to a Boston Police Department database, and as a result, find themselves on the fast track to deportation.

There鈥檚 a lot we don鈥檛 know about Boston Police Department鈥檚 鈥済ang database鈥 鈥 which is why this week, the ACLU of Massachusetts, the Children鈥檚 Law Center of Massachusetts, and other groups filed to bring some transparency to the system. Here鈥檚 what we do know: Being included in it can have dire consequences for a young person鈥檚 life.

We know the tragic impact gang violence has on communities where it occurs. In fact, many of our clients are youth who fled Central America to escape such horrific violence. But ironically, they are now being detained or deported back to that violence merely because of who they are, who they know, and even what they wear.

What is particularly troubling is that these Central American youth are being accused of gang membership using evidence no stronger than a house of cards. Without their knowledge, young people of color in Boston go about their lives, earning 鈥減oints.鈥 Police officials decide what 鈥減oints鈥 apply to whom. You might be thinking: If the police say my client is a gang member, he must be. But the way police assign 鈥減oints鈥 enables law enforcement to label people as gang members even if they鈥檝e never been suspected of any wrongdoing.

One of our clients caught by the database鈥檚 arbitrary point system is a Salvadoran teenager who fled gang violence in his home country. In Massachusetts, law enforcement officials labeled him a gang member not because he was arrested for gang violence or suspected of engaging in it. Rather they labeled him that way because he was the victim of an assault at school. The crime committed against him cost him eight points. He was 鈥渧erified鈥 when he was seen leaving school with other supposedly "verified" gang members. If a youth is seen with a 鈥渧erified鈥 gang member 鈥 who could very well be another innocent kid arbitrarily labeled 鈥 that鈥檚 two points. If he鈥檚 seen again with the same person 鈥 even if they鈥檙e engaging in innocuous conduct like standing at a bus stop or crossing a park 鈥 that鈥檚 another two points. If he鈥檚 seen at school with a 鈥渧erified鈥 gang member, that鈥檚 five points 鈥 even if they are sitting at a lunch table because they鈥檝e been assigned to work on a group project together. Wearing a Chicago Bull鈥檚 hat, a black rosary, 鈥 no matter that it鈥檚 his school uniform 鈥 could earn him four points. Once he reaches 10 points, he鈥檚 a 鈥渧erified鈥 gang member. The police enter his name into the Boston Regional Intelligence Center鈥檚 Gang Assessment Database, which is shared with other law enforcement agencies.

Despite the fact that Boston has proclaimed itself a safe city for immigrants, the Boston Police Department is collaborating with Immigration and Customs Enforcement by making information in its 鈥済ang database鈥 available to federal immigration authorities. That鈥檚 when we encounter the allegations: In immigration court, where a Department of Homeland Security prosecutor uses them as 鈥渆vidence鈥 that a client should be detained or deported. This system leads to false identifications. And in the immigration context, that has disastrous, life-altering consequences for some of the most vulnerable young people in Massachusetts.

Recently, a young client showed up to a meeting at our office wearing a Chicago Bulls hat, a four-point offense. Although the Bulls are one of the most popular basketball teams in the world, we had to advise him to stop wearing the hat. The client said he understood, paused, and then asked if his other hats were still okay to wear.

A sad thought crosses our minds when we have conversations like this with our clients: One way to protect them from being profiled, mislabeled by school police as gang members, and deported would be to advise them to stop attending school. Peer interactions can become the evidence against them in immigration court. In fact, it is hard to imagine how teenagers in neighborhoods that have a large population of Central American youth avoid being seen with 鈥渧erified鈥 gang members when there may be so many at their school, whose 鈥渧erification鈥 is unknown to them.

Boston aims to protect its immigrants. Every day in immigration court, we see how the undermines that promise for teenagers across the city.

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