Federal judge dismisses Trump administration's lawsuit over Boston's 'Trust Act'

A federal judge in Boston has dismissed the Trump administration's lawsuit against the city of Boston over its immigration enforcement policy, saying the U.S. lacks standing to bring the claim against the mayor and other officials.

In a ruling Thursday, U.S. District Judge Leo Sorokin denied the federal government's effort to bar enforcement of Boston's Trust Act — and ordinance that says police can't take part in civil immigration enforcement.

"In Massachusetts, there is simply no source of authority empowering Boston
police officers to do what the United States would like them to do," Sorokin wrote in his decision. "An order enjoining the Boston Trust Act would not liberate the City to empower its officers to take actions state law does not authorize, nor give Boston police officers the individual choice to honor ICE detainers."

The Trump administration filed suit last year against Boston, Mayor Michelle Wu and the Boston Police Department, saying the city's policy to cooperate with immigration enforcement officials only in criminal matters violates federal law.

In a statement, Wu called the court ruling "the latest legal victory for cities across the country against the reckless and destructive actions of the federal government. Boston will not back down from protecting our community." She added, "We reaffirm our commitment to the local public safety laws and community policing that have made Boston the safest major city in America. We urge the Administration to abandon these lawless attacks on cities, our police departments, and the residents we serve. Good riddance."

The White House press office did not respond to a request for comment.

At the time of the lawsuit, then-U.S. Attorney General Pam Bondi took sharp aim at Boston and the mayor, calling the city and Wu "among the worst sanctuary offenders in America."

The mayor and Gov. Maura Healey have said that neither the city nor the state are "sanctuary" jurisdictions, and that law enforcement officials here routinely cooperate with federal officials on criminal matters.

Sorokin wrote that to override the principles of the Trust Act, the state Legislature could enact a statute authorizing Massachusetts law enforcement officers to arrest people facing civil immigration violations. Or, he said, Congress could enact federal legislation giving local law enforcement that authority.

Or, he said, the Massachusetts Supreme Judicial Court could conclude that its 2017 Lunn ruling was wrongly decided. In that decision, the state's highest court found that holding someone for ICE on a civil immigration matter, after they should otherwise be released from local custody, is not permitted under Massachusetts law.