Skip to main content

Support WBUR

Wu will be questioned on Boston’s Trust Act while in D.C. What does the policy do?

Editor's Note: This is an excerpt from WBUR's daily morning newsletter, WBUR Today. If you like what you read and want it in your inbox, sign up here


Last night, President Donald Trump delivered more than 90 minutes of remarks in his joint address to Congress. Here are six of NPR’s takeaways from the partisan speech, which focused heavily on immigration and crime; and a photo compilation of the action inside the chamber.

Now, let’s get to more news:

Meanwhile in D.C.: Mayor Michelle Wu is getting ready to testify on Capitol Hill this morning. As WBUR’s Simón Rios reports, Wu, alongside three other mayors, is expected to face hostile questioning from congressional Republicans for not fully cooperating with federal deportation efforts. (Click here to watch the hearing, which starts at 10 a.m.) Wu has insisted the city, which saw historic lows in violent crime last year, is merely following the law: Boston’s Trust Act. The 11-year-old law — signed by Wu’s predecessor — limits how much local police can assist ICE. Ahead of today’s hearing, WBUR’s Tiziana Dearing spoke to the Trust Act’s original author, former Boston city councilor Josh Zakim, to break down the law — and its misconceptions:

  • What does the Trust Act actually do? Zakim says the overall concept is simple: “Our police department, our other city agencies are not responsible for enforcing federal immigration law,” he said. The law’s language prohibits Boston police officers or funds from being used to interrogate, detain or arrest a person solely for being in the country without legal status. Additionally, under a 2019 update to the law, Boston police are prohibited from providing personal information to ICE solely for the purpose of enforcing non-criminal immigration violations. (Even under federal law, the act of being present in the U.S. without legal status alone is considered a civil — not criminal — violation.)
  • What was the reason for it? It’s in the name. Zakim said a core aspect of the BPD’s focus on community policing is fostering trust among all residents. “ Regardless of immigration status, we want victims or witnesses of crime to feel safe speaking to police investigators,” Zakim said, adding that cracking down on domestic abuse and human trafficking were particular focuses.
  • What does the law not do? Zakim says a common misconception is that the Trust Act limits cooperation with federal agencies on serious or violent crimes. On the contrary, the law allows collaboration to investigate crimes like  human trafficking, robbery, murder and rape, he said. “We have joint task forces — with DHS investigations, with the FBI, with the U.S. Marshals, with DEA,” Zakim said. “Nothing in the Trust Act prevents that.”
  • What about after someone is arrested? That’s another wrinkle in state law. In 2017, Massachusetts’ Supreme Judicial Court ruled it unconstitutional for police and sheriffs to keep someone detained just because they’re in the country without legal status. “ If federal immigration officials want to come and collect them while they’re being incarcerated or when they leave, there’s nothing that prevents them from doing so,” Zakim said. But if an individual’s charges are dismissed, they post bail or complete their sentence, they can’t be detained longer than a legal resident. The Trust Act also includes language against this; Zakims noted it “costs a lot of money” for local police to hold people longer for ICE.
  • Does the Trust Act make Boston a “sanctuary city”? While you’ll probably hear that term from congressional Republicans a lot today, “sanctuary” status isn’t a legal term and does not have a specific definition. Boston is one of many cities across the state (and country) with varying policies on the matter.

For sale? The Trump administration is considering selling over 400 federal buildings, including some well-known Bay State landmarks. As WBUR’s Beth Healey reports, the list includes nine Massachusetts buildings, including the JFK and Tip O’Neil buildings in Boston, and the Volpe Transportation Center in Kendall Square.

  • Why? The Trump administration says the properties are “vacant or underutilized,” and selling them would allow the government to reinvest in other work environments.

Thu Nguyen, the first openly non-binary city councilor in Worcester, announced yesterday they will not run for re-election. The decision comes after Nguyen took a leave of absence in January after saying they’d faced transphobic comments and a toxic environment on the council. That led the council to issue a formal apology — and pass a resolution declaring the city a “sanctuary” for transgender people.

P.S.— Two big Massachusetts names will be on “Late Night with Seth Meyers” tonight: Cambridge’s own Mindy Kaling and Gov. Maura Healey. If you can’t stay awake until 12:35 a.m., you can catch clips of the interview on NBC’s website.

Related:

Headshot of Nik DeCosta-Klipa
Nik DeCosta-Klipa Senior Editor, Newsletters

Nik DeCosta-Klipa is a senior editor for newsletters at WBUR.

More…
Headshot of Hanna Ali
Hanna Ali Associate Producer

Hanna Ali is an associate producer for newsletters at WBUR.

More…

Support WBUR

Support WBUR

Listen Live