By Bob Katzen
Gov. Healey signed into law 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.
“Today, Massachusetts is standing up for what’s right and taking action to keep our people and our communities safe,” said Gov. Healey. “The PROTECT Act is the strongest law in the country to protect people from ICE, because no one should be afraid to send their child to school, seek medical care or fear reporting a crime or appearing in court. It makes us all less safe. So, we are getting ICE out of our courthouses, schools and hospitals. This bill is a testament to the hard work and advocacy of so many people across our state. We’re going to keep working together to make Massachusetts and this country the place we all want it to be.”
“Strong public safety requires strong partnerships with the communities we serve,” said Public Safety and Security Secretary Gina Kwon. “The PROTECT Act helps preserve the trust that law enforcement, prosecutors and community organizations rely on to protect victims, investigate crimes and keep neighborhoods safe. When people feel safe, our commonwealth is stronger.”
The bill was not without its opponents. During House debate on the measure several days ago, Rep. Joe McKenna (R-Sutton) said, “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. 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).