Massachusetts lawmakers rally around ban on warrantless civil immigration arrests

Massachusetts lawmakers are coalescing around a push to bar warrantless civil immigration arrests at courthouses, teeing up a debate this year over new protections for immigrants amid President Trump’s immigration enforcement crackdowns.

Two separate bills from Gov. Maura Healey and the Black and Latino Legislative Caucus addressing the issue have gained traction at the State House after Trump’s sweeping immigration raids across the country, including two operations in Massachusetts that netted thousands of arrests.

During a standing-room-only immigrant advocacy event at the State House Wednesday, top legislative leaders pledged to advance some form of the warrantless arrest ban.

Sen. Cindy Friedman, a top deputy to Senate President Karen Spilka, said Senate Democrats want to “make sure that, to the extent we can, we are not allowing warrantless civil arrests in our courthouses, hospitals, child care centers, schools, houses of worship, polling places and other sensitive locations.”

“Let's be clear, this is a time that tests our values and what has made this country strong. This is a time that tests our courage,” Friedman said.

Members of the Black and Latino Legislative Caucus said in their bill that the fear of civil immigration arrests at courthouses “chills reporting of crime and attendance at court proceedings, undermines access to justice, and disrupts the orderly administration of the courts."

The proposal bans federal agents from making civil immigration arrests while a person is in a courthouse, on courthouse grounds, or in direct travel to or from a courthouse to attend, participate in or observe a proceeding — unless there's a judicial warrant or a judge-signed court order.

The push to restrict ICE actions comes as federal immigration agents have regularly been spotted in local courthouses, WBUR previously reported.

Elizabeth Sweet, executive director of the Massachusetts Immigrant & Refugee Coalition, said immigration arrests at courthouses interfere with the justice system.

“Massachusetts can and should choose courage over fear," she said. "Let's choose to protect immigrant communities. Let's protect all of our communities. It's time for this State House to act courageously and pass a bill to protect immigrants from enforcement."

Spilka has pledged to pass Healey’s bill if it reaches the Senate. At the same time, Friedman said Senate Democrats are keeping an eye on the bill from the Black and Latino Legislative Caucus as it moves through the House.

A top House Democrat previously told WBUR that leaders in the chamber want to build off the caucus bill, dubbed the “PROTECT Act." House Speaker Ron Mariano has said the House will vote this spring on “pragmatic legislative solutions” to protect immigrants from federal agents.

Rep. Carlos Gonzalez, a Springfield Democrat, said Mariano and Spilka have “heard the cries of those denied their due process.”

“They haven't just listened, they are taking action,” he said at Wednesday’s event.

Friedman said senators are also considering other protections for immigrants. That includes allowing people to sue federal agents who violate their rights under the U.S. Constitution, expanding the list of “sensitive spaces” where agents are prohibited from entering and requiring agents to give employers and workers a “notice period” before showing up to “check papers.”

Healey, whose bill also addresses sensitive spaces, said the federal government once had a policy of avoiding places like hospitals and schools.

“We had to take action to restore what was the normal course of business with the federal government and a common-sense policy, and keep our community spaces safe. And I know that many in the Legislature agree, and I look forward to seeing a bill reach my desk,” Healey said.