Mills calls Congress to reform ICE, or abolish it. Maine residents demand more.

Two days after federal immigration agents fatally shot 25-year-old Johan Sebastián Durán Guerrero in Biddeford, Gov. Janet Mills visited the makeshift memorial residents built in his honor. Within moments, the governor was surrounded by local business owners and neighbors demanding to know why U.S. Immigration and Customs Enforcement agents were allowed to operate so aggressively in their community — and what the state planned to do about it.

As Mills walked away from the memorial after a few minutes, several people followed, asking questions as she got back into the car. One man asked through the window, “What do you feel about ICE in Maine? It’s a simple question.” Another shouted, “He’s dead because you won’t get ICE out of Maine.”

As Mills rolled up the window, she repeatedly responded: “I’m just here to pay my respects.”

The tense exchange came hours after Mills sent a letter to Congress arguing that if ICE cannot be reformed, “it should be abolished.” She also said in a press conference with Biddeford officials that the Department of Homeland Security’s decision to cease immigration-related traffic stops following Monday’s fatal shooting was the bare minimum. (President Donald Trump on Tuesday directed officers to resume stops.) 

“I’ve said in my letter, I’ll say it again: that’s not even a half measure to what should be happening to meet this moment,” Mills said at Biddeford City Hall. 

Throughout the week, protesters have been calling to “get ICE out of Maine.” But state law cannot dictate the actions of federal authorities when those authorities are performing their lawful duties, given the U.S. Constitution’s Supremacy Clause. Maine has passed several laws that aim to rein in unlawful action and stop local cooperation with federal immigration enforcement. 

Mills’ letter to Maine’s congressional delegation called out the agency’s recently expanded funding and staffing, saying it has placed agents in the field “ without rigorous, and necessary, training.” She also reiterated her request from earlier this year that federal agents wear body cameras and be subject to civil and criminal liability for abuses of power.

“The current administration is targeting all immigrants with a carelessness and cruelty that ignores due process and that ignites terror in communities nationwide,” she said in the letter.

“Instead of making us safer, all too often federal agents are creating situations that put people in all neighborhoods in every state in danger.”

However, to angry Biddeford community members, the lack of stronger action, although legally not feasible, is disappointing. 

“They’re coming in, they’re kidnapping and killing our neighbors,” said Biddeford business owner Lauren Wilbur. “The response is insufficient. We should be creating some stronger legislation that prevents them … from being allowed to step forth in our city.”

Biddeford Mayor Liam LaFountain told Maine Morning Star on Wednesday the state has been responsive and helpful in supporting the community through the aftermath of the shooting.

“They’ve been giving us the information that they can — and that’s appropriate — and we’re going to continue to ask for that,” he said. Biddeford police already do not cooperate with ICE. 

“Biddeford PD was not notified of ICE’s interaction prior to them coming to the city on Monday, and I don’t see that changing,” he said.

The limits of the state’s authority

Biddeford Police Department was not involved in the Monday shooting, other than responding after the fact.

Mills was pressed Wednesday during her first public appearance since the shooting on whether she regretted hedging on a forthcoming law that restricts local authorities from carrying out federal immigration enforcement, as some have done in the past. 

“I stand by my position.” Mills said.

She had held the law in limbo for several months after passage before ultimately allowing it to become law without her signature earlier this year, citing concerns about the restraints in the bill being confusing.

The law will officially take effect July 29 but many local agencies already have issued directives for their staff to follow it.

“It’s been in effect, and I don’t regret putting it off until the right time,” Mills added.

Mills told reporters at Biddeford City Hall that she “believes” federal authorities are cooperating with the state in its investigation into the shooting.

“We’ve all asked for a transparent and effective investigation,” Mills said. “I believe that’s what is happening. I believe there is a level of cooperation.”

But she declined to provide updates about the Office of the Maine Attorney General’s investigation. “I can just say the investigation is ongoing, and I’m confident it will continue until all the facts are uncovered and understood,” Mills said. 

The Office of Chief Medical Examiner also declined Maine Morning Star’s request for the coroner’s report, citing the ongoing investigation. 

No video of the shots fired have been shared and there appears to be no body camera footage. Surveillance footage from nearby businesses and eyewitness accounts provided to Maine Morning Star show the aftermath, when federal agents pulled a limp body from a vehicle onto the ground and handcuffed his hands behind his back. 

Explanations of the fatal shooting from federal authorities have been contradictory. The latest from ICE claims agents attempted to conduct a vehicle stop as they were doing targeted surveillance on the last known address of a person with a final order of removal. “The vehicle attempted to flee the scene and fearing for public safety an officer discharged his weapon,” the statement from an unnamed ICE spokesperson read.

Department of Homeland Security Secretary Markwayne Mullin told U.S. Sen. Angus King the victim was not the target of the enforcement action. 

Mills’ calls to abolish ICE echo those of several candidates vying to replace Graham Platner as the Democratic nominee for U.S. Senate to go up against incumbent Republican U.S. Sen. Susan Collins, who in recent days has pushed back on calls to get rid of the agency. 

“We begged them to act back in the spring to enact measures of accountability,” Mills told reporters in Biddeford. “We’d like to see more aggressive action on the part of Congress to protect the lives of people across this country, not just in Biddeford, not just in Maine.”

Corrected: This story has been updated to correct Johan Sebastián Durán Guerrero’s name.