These things are hard to quantify, but a fair case can be made that no state – with the exception of California – is more committed to fighting President Donald Trump’s crusade against undocumented immigrants and asylum seekers than Massachusetts.
Of potential national significance: The state Supreme Judicial Court heard arguments recently in a case that could determine whether local law enforcement can legally detain someone for civil immigration violations. The question before the court is whether it violates a resident’s civil rights to be arrested because of an open request from the federal Immigration and Customs Enforcement (ICE) agency. The SJC appears to be the first state high court tackle the issue. Predicting the outcome of such cases is tricky. Nevertheless, Some justices questioned federal counsel intently, suggest a degree of skepticism toward Trump’s case.
And there’s major immigration legislation on the move at the State House. The “Safe Communities Act” would bring the state a step closer to being what some are calling a “Sanctuary state.” It would bar local police or agencies from taking part in any enforcement of federal immigration law or even sharing information about individuals with federal immigration officers.
Some local mayors, like Boston’s Marty Walsh and Somerville’s Joe Curtatone, say policies to protect undocumented immigrants from deportation make those cities safer because immigrant communities won’t work with police if they’re afraid talking to authorities will get them deported. Opponents say the law is the law, and until Congress and Trump pass a new immigration reform law, Massachusetts should enforce the current system.
The hardscrabble cities of Lawrence and Chelsea have gone so far as to try a preemptive strike, going to federal court to – in effect – stop Trump’s policies before they are even applied to those immigrant-centric communities.
With Trump cracking down, there’s more pressure than ever for the Democrat-Legislature to pass some level of protections for undocumented residents. It’s likely the Senate will try to pass the bill this session, but House Speaker Robert DeLeo and Gov. Charlie Baker don’t want a state law to supersede cities’ and towns’ ability to make their own decisions about working with the feds.
Police in sanctuary cities will hand over immigrants who have committed crimes to immigration officials, but they argue they don’t have the resources to act on civil violations of immigration law.
And then there’s Attorney General Maura Healey, who’s been busy challenging Trump’s orders in federal court, alongside other Democratic Attorneys General. Healey’s also part of the argument in that SJC case saying it’s unlawful under the Mass. constitution for local police to act on federal orders.
The SJC could issue a ruling in that detention case with the next few months. Lawmakers wrap up their formal lawmaking in November.
