Boston asks judge to dismiss federal government's Trust Act lawsuit

The City of Boston asked a judge to dismiss the federal government’s lawsuit alleging the city’s policy of limiting cooperation with immigration enforcement violates federal law.

The suit surrounds the Trust Act, an ordinance that prohibits Boston Police from working with U.S. Immigration and Customs Enforcement on civil immigration detainers. The police can still honor requests to detain individuals when they face criminal charges.

In a motion filed Monday, lawyers for the city argued that the Trust Act, established in 2014 and reaffirmed in 2024, is constitutionally protected and makes Boston safer,  particularly for victims of crime.

"The Trust Act requires the Boston Police Department to prioritize criminal law enforcement, while leaving civil immigration enforcement to federal officials," the city's attorney said in a memorandum letter supporting the motion to dismiss. "This structure is not, and could not be, in conflict with or preempted by the Immigration and Nationality Act — which creates a system for voluntary state and local cooperation with the federal government. Nor does the Trust Act regulate or discriminate against the federal government."

The city also argued the suit also violates the Tenth Amendment, which establishes that powers not explicitly given to the federal government fall to the states.

The response comes after months of conflict over immigration enforcement in Boston. As ICE detainments have ramped up, Wu has increasingly punched out at the Trump administration, which, in turn, has made her a target. Wu testified in front of a congressional committee in March about Boston's policy of not cooperating with immigration enforcement in civil cases.

The Justice Department originally filed the suit against the Trust Act in September, claiming that it puts federal law enforcement agents in danger "by mandating restrictions on basic information sharing."

“The City of Boston and its Mayor have been among the worst sanctuary offenders in America — they explicitly enforce policies designed to undermine law enforcement and protect illegal aliens from justice,” U.S. Attorney General Pam Bondi said in a September press release announcing the lawsuit. “If Boston won’t protect its citizens from illegal alien crime, this Department of Justice will.”

In their motion to dismiss the DOJ’s case, Boston lawyers requested “oral argument given the significance of the issues at bar and their effect on the public interest.”