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American Legion Post 76, whicn is next door to an ICE facility on Manson Libby Road in Scarborough, is allowing Immigration and Customs Enforcement agents to use the Legion’s parking lot. (Gregory Rec/Staff Photographer)

The American Legion Post near a U.S. Immigration and Customs Enforcement facility in Scarborough has come under criticism for allowing federal agents to park personal vehicles in the post’s 15-space parking lot.

One local official is also suggesting the town investigate whether the ICE facility is in violation of local zoning rules.

Reached at the post, which was in the midst of preparing for a luau celebration, American Legion Post 76 Commander Phil Caesar said Saturday he was allowing ICE agents who work at the Scarborough detention center next door to park at the legion’s lot.

He said many of the agents appear to live in Scarborough and are veterans themselves.
It’s not like the two groups socialize or that members even talk, he said. It was all handled in one quick phone call, he said.

“They are a federal agency doing federally mandated work,” Caesar said. “We support ICE. That’s it.”

Caesar said he thought Maine was wrong to refuse to follow federal immigration policies or interfere with ICE enforcement actions or condemn anyone for doing their job. That is why Caesar refused to allow protesters to stage an ICE protest in the post parking lot when asked last year, Caesar said.

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Caesar said no one from the community or his own membership of a couple dozen have complained about the arrangement.

But Scarborough Democratic Town Councilor Jon Anderson said Saturday he is disappointed that the local American Legion post would allow its parking lot to be used by an organization whose recent actions violate people’s civil rights but not local residents who would exercise their free speech right to protest those violations.

Anderson said ICE’s use of the lot is proof the facility has expanded beyond its initial use as a transfer facility. In 2021, the town adopted a 2021 zoning ordinance to prevent any facility expansion, he said. Anderson said that he has asked the town manager to investigate if the facility is in violation of local zoning.

“If they’ve run out of space to park their cars, they’ve most likely expanded, which is exactly what the town took steps to avoid,” Anderson said. “Is the American Legion helping ICE violate our ordinance? I don’t know if there is such a thing as an accomplice to a zoning violation, but I would highly recommend the American Legion reconsider how they are using their land.”

Penny Overton is excited to be the Portland Press Herald’s first climate reporter. Since joining the paper in 2016, she has written about Maine’s lobster and cannabis industries, covered state politics...