Legal experts call DOJ lawsuit against Boston 'unconstitutional'

As political leaders in Boston expressed outrage Friday after the Trump administration sued the city for its immigration enforcement policy, some legal experts cast doubt on whether the lawsuit will stand up in court.

The complaint by the U.S. Department of Justice says Boston’s policies “interfere with the federal government’s enforcement of its immigration laws.” It takes aim at the city’s decade-old Trust Act, which says local police can assist federal immigration agents only in criminal matters.

The law aims to build trust between the cops and immigrant communities. But federal authorities under Trump consider Boston's approach a hindrance as they pursue an aggressive policy of mass deportations.

Nick Ackerman, a New York attorney who served as a special Watergate prosecutor, said Boston has the right to not participate in the Trump administration's immigration policies.

"Boston does not have to comply in helping the federal government with its round-up of migrants," he said. "They just don't have to do that. And I think Boston's going to hang tough, and they're going to fight this lawsuit, and they're going to be successful."

Earlier this summer, a federal judge dismissed a similar Trump administration lawsuit against Chicago and the state of Illinois over so-called "sanctuary" policies there. Ackerman believes the same will happen in this case.

But it's unlikely that would deter Trump. U.S. Attorney General Pam Bondi has been threatening Boston and Mayor Michelle Wu for months, and Border Czar Tom Homan, who famously promised to bring "hell" to the city early this year, is promising to send 10,000 more ICE agents into American cities.

In a statement after the DOJ lawsuit was filed, Boston Mayor Michelle Wu said administration officials are trying “to advance their own authoritarian agenda,” and called the lawsuit an "unconstitutional attack" on the city. She vowed not to back down.

Carol Rose, executive director of the American Civil Liberties Union of Massachusetts, said cities and states aren't obligated to do the work of the administration.

"They can't interfere, but they can't be commandeered by the federal government to do things that violate our local laws," she said. "And that's what they're trying to do, and that's not allowed under the Constitution — under the 10th Amendment of the Constitution.

The state's Democratic leaders are condemning the lawsuit. In a statement, Sen. Elizabeth Warren called it an "unconstitutional authoritarian power grab." Attorney General Andrea Campbell labeled it a "baseless," attempt "to rope local governments" into the Trump Administration's "cruel immigration crackdown."

But Amy Carnevale, Chair of the Massachusetts Republican Party, said the lawsuit has merit.

"I do think it's appropriate that the Trump administration has taken this action to try to force the hand of Mayor Wu and city leaders," she said, "to modify their policies and their laws that allow criminal migrants to reside in the city and make it harder for the federal government to apprehend them."

City leaders insist the Trust Act does not protect criminals; it prevents Boston police from detaining individuals solely for civil immigration detainers. The law allows police to collaborate with federal authorities around major crimes.

On Friday, the city had not yet announced its plans to respond to the suit.