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The portion of the PROTECT Act that prohibits civil immigration arrests in and around courthouses without a judicial warrant went into effect on Tuesday, but advocates say it’s already been violated.
“I went to the court, and right in front of me, four individuals were taking a young man right inside the courthouse,” said Gladys Vega, president of La Colaborativa, a social services nonprofit in Chelsea. She was in court getting a protective order against a man who threatened her last year.
The detained individual’s name is unknown. ICE agents are only allowed to be in the public areas of courthouses.
“One of the agents went all the way inside the courtroom asking for the name of the man, and then when the court hearing finished, he came out and they immediately put the handcuffs and took him without showing a warrant,” Vega said. “It was incredible for us to witness that because there was no warrant, nothing, just your name, and immediately they threw him on the side, put his handcuffs and they took him out.” The Department of Homeland Security didn’t return a request for comment.
The PROTECT Act builds off of Gov. Maura Healey’s executive order from earlier this year that bans U.S. Immigration and Customs Enforcement agents from places like schools, hospitals and courthouses. The goal is to ensure immigrants can testify in court without worrying about being arrested or questioned by agents. Healey’s office has also not responded to a request for comment, though Vega mentioned she’s been in contact with the governor’s office.
The trial court system confirmed the detention had taken place on Tuesday, and shared a policy from September on ICE enforcement at courts.
“Trial Court employees shall not under any circumstances interfere with or assist the actions of federal immigration authorities engaged in making an arrest,” said Jennifer Donahue, a court spokesperson. Judicial warrants are docketed according to a “specific warrant code” on the MassCourts website, the trial court said. If the individual’s name is unknown, then it’s impossible to see if there was a judicial warrant at the time of the arrest.
Rep. Andy Vargas of Haverhill is one of the bill’s sponsors and said that, from his conversations with district attorneys, he’s heard of hundreds of cases that have been impacted as a result of the fear immigrants feel about going to courthouses. Victim and witness testimonies are down, he said, and immigrants have been taken directly from court mid-trial.
“What changed is that civil arrests are now barred in the courtroom outright, anywhere else in the courthouse, including steps, plazas, walkways,” he said. “The term that’s used is called ”curtilage“ to define sort of the boundaries of where that can happen. And so, what we want to make sure here is that people feel comfortable coming forward, particularly victims, witnesses, people to testify.”
He said people should feel comfortable going to public institutions, “especially our courts, which serve such a core function of making sure that justice is served here in the Commonwealth.”
GBH News interviewed Vargas earlier in the day about the first day of the legislation going into effect. Later, when GBH News reached out to him about this particular situation, he was in meetings and unable to comment.
Meanwhile, Vega said she reported the incident to Attorney General Andrea Campbell’s office. She recorded the situation — although it wasn’t sent to GBH News in time for this story.
“What are we doing as a state to let the courthouses know that an officer of the court should not allow them to come in unless they have a signed warrant for that individual?” asked Vega, who was one of many supporters of the PROTECT Act legislation.
“We are aware of this and in touch with the Trial Court and La Colaborativa,” said Molly McGlynn, spokesperson for Campbell’s office.
GBH News also spoke with a second individual present, Brenda Romero, a local immigrant and proponent of the PROTECT Act. Romero’s husband was arrested at court last year, right after being approved for political asylum, and was detained for 14 months. She began advocating when her daughter was sexually assaulted, and the family had to return to the court system — which they no longer trusted — to seek justice.
“It was something that I didn’t expect, since the the law started yesterday that would give protection,” Romero said about Tuesday’s detention. She was volunteering for election day in the area when she saw it happen. “If the testimony I gave served no purpose— the situation is going to get worse,” she said.
On Wednesday, ICE appeared in parts of Chelsea. The Chelsea Public School system sent out a notice informing families of the reports, and that ICE agents hadn’t been close to schools.
“As we approach dismissal this afternoon, we encourage our families to be vigilant and exercise caution when picking up your child today,” wrote Superintendent Almi G. Abeyta, who shared the message with GBH News. She encouraged students to travel in groups after school or head straight home or to afterschool destinations.
“Our schools will continue to be safe places where students feel belonged and ready to learn,” she said. “As a school district, we follow the guidance of the Massachusetts Attorney General’s Office, as well as the PROTECT Act.”
