By Bob Katzen
House 137-21, Senate on a voice vote without a roll call, approved and sent to Gov. Healey the PROTECT Act that supporters said would establish statewide standards governing interactions between state and local law enforcement and federal immigration enforcement. They said the measure would create among the strongest protections in the nation for residents who have immigrated to their communities; strengthen due process protections; limit civil immigration enforcement in courthouses, public school grounds, hospitals and other sensitive locations; expand protections for victims of crime; and increase transparency, accountability and clarity for correctional facilities and law enforcement relative to civil immigration enforcement.
Provisions bar Massachusetts law enforcement agencies from signing new deputization agreements with federal immigration authorities, except in narrow, criminal-law-focused arrangements that meet additional safeguards; prohibit civil immigration arrests without a judicial warrant at schools, childcare centers, medical facilities and courthouses; establish a civil cause of action against federal officers who violate a resident’s constitutional rights, putting them under the same accountability standards as state and local police; keep state and local police out of federal civil immigration enforcement, barring the use of local resources for that purpose, or detention, based solely on a civil immigration detainer; and protect immigrant crime victims, including trafficking survivors, who assist law enforcement as witnesses, and speeds up review of their special visa applications so they can keep participating in investigations or trials.
“Since the beginning of President Trump’s second term, ICE and Border Patrol agents have continued to harass and disappear innocent Americans with total impunity—a reckless approach that has led to the deaths of American citizens and legal residents and to children being separated from their families,” said House Speaker Ron Mariano (D-Quincy). “Those actions have immigrants in Massachusetts living in fear as they go to work or bring their children to school. And they jeopardize the trust that local law enforcement has worked hard to build. That’s why this legislation is so important, as it takes steps to ensure that all residents in Massachusetts are treated equally under state law, and to protect our communities through practical, thoughtful measures.
“The passage of the PROTECT Act sends a clear message that Massachusetts will continue to stand for fairness, due process and human dignity,” said Sen. Pavel Payano (D-Lawrence). “No parent should fear taking their child to school, seeking medical care or appearing in court because of fear. As someone who immigrated as a child, I know firsthand what it means when a state keeps its promise that if you work hard and contribute to your community, opportunity should never be out of reach. Today, we reaffirm that Massachusetts remains a place where opportunity is earned through hard work, not denied because of fear.”
“I voted ‘No’ because I feel like this bill inappropriately ties the hands of the police officers and sheriffs who put themselves in danger every day to keep our communities safe,” said Rep. Joe McKenna (R-Sutton). “Restricting basic communication and with federal authorities and limiting advance notice when violent offenders, including those convicted of serious crimes, are being released back into our neighborhoods is not sound public service strategy and further drives a wedge between states and the Federal Government. Additionally, I am concerned that much of the bill is simply unenforceable as written given the Supremacy clause. Ultimately, I feel that a cooperative and communicative position with ICE is more productive than deepening the mistrust and adversarial relationship we have. Massachusetts families deserve police who can work for public safety, which unfortunately this unworkable law does not do.”
“I voted against the PROTECT Act because the bill is prioritizing illegal immigrants in our communities over lawful residents,” said Rep. Kelly Pease (R-Westfield).
(A “Yes” vote is for the bill. A “No” vote is against it.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Paul Donato Yes Rep. Erika Uyterhoeven Yes