Mass. House to advance bill preserving due process for local immigrants
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Massachusetts House Speaker Ron Mariano. Photo: Steph Solis/Axios
Massachusetts House lawmakers plan to advance a bill Friday that would limit how police forces, jails and state agencies work with U.S. Immigration and Customs Enforcement.
The big picture: Massachusetts Democrats are trying to preserve the state's due process protections for all residents, regardless of immigration status or criminal history.
- That would defy the Trump administration's nationwide efforts to limit due process rights and other protections to citizens.
Driving the news: The Joint Committee on Public Safety and Homeland Security plans to vote on advancing the bill out of committee Friday afternoon.
- The state's Black and Latino Legislative Caucus filed the bill in January.
- Rep. Daniel Cahill, the committee chair, says the House could take up the proposal in the next few weeks.
What they're saying: "We protect victims. We protect defendants. We protect witnesses," Cahill, a Boston Democrat, said Thursday.
- "Remember, our constitution predates the U.S. Constitution."
The other side: Republicans in Massachusetts, especially gubernatorial candidates, have blasted similar proposals announced by Gov. Maura Healey.
- A spokesperson for House Minority Leader Bradley Jones declined to comment on the bill, saying he hasn't had a chance to review it.
Zoom in: The bill would require state prisons, jails and courts to ensure noncitizens have the same basic rights everyone else is guaranteed in the U.S. justice system. The provisions include:
- Limiting police to asking about immigration status only if it's "directly material" to a crime.
- Barring ICE from making arrests in courthouses.
- Prohibiting local and state law enforcement from initiating contact with federal authorities in most cases related to immigrant detainees, unless there's a judicial warrant.
In jails and prisons, the bill would make officials give detainees notice of their rights and legal resources in their primary language.
- They would also have to provide interpreters for interactions related to medical issues, discipline, legal access and grievances.
The bill would make employers give their employees 48 hours' notice if they're facing an "I-9 inspection," which checks for undocumented workers.
- Cahill said employers are typically warned 72 hours ahead of time.
Friction point: Progressive Democrats and immigrant rights advocates have pushed for a complete end to 287(g) agreements with ICE, which effectively deputize local cops to enforce immigration laws.
- The bill would bar new 287(g) agreements with ICE unless an agency gets approval from the state public safety and security secretary.
- This bill, like Healey's proposed legislation, would keep the state Department of Corrections' 287(g) agreement intact.
- Cahill says that's because the agency typically deals with detainees convicted of felonies.
Reality check: There's no guarantee ICE would heed state laws limiting its ability to enforce federal immigration laws and policies.