Due Process Safeguards Are Focus of Bill That Could Get Full House Vote Before April’s Annual Budget Debate
By Alison Kuznitz
Legislation spearheaded by Haverhill Rep. Andy X. Vargas to protect immigrants by banning federal agents from making civil arrests at courthouses is clearing a legislative committee, but a vote in the House may still be weeks away as fears continue to swirl over aggressive deportation efforts.
The so-called PROTECT Act the Black and Latino Legislative Caucus unveiled in late January served as the “template” for the redrafted measure advancing in the Joint Committee on Public Safety and Homeland Security, House Speaker Ron Mariano said at a press conference Thursday.
“This bill doesn’t exist just to make a point,” Vargas said. “It exists so that a family in Haverhill or in Chelsea or in Springfield can go to work, seek justice in court, cooperate with law enforcement without fear, and live in a commonwealth that honors the rights and liberties of our constitution.”
Committee co-chair Rep. Daniel Cahill said the bill will come up for a vote “in the next couple of weeks.” House Ways and Means Chair Aaron Michlewitz said the measure likely needs to pass through his committee too, with the North End Democrat eyeing a vote before budget deliberations kick off in April.
“We’re going to work towards that,” Michlewitz told reporters. “We obviously got to get it pulled out of committee first, and then we’ll go from that process.”
The press conference in the State Library drew a large contingent of lawmakers of color, as well immigrant rights advocates who were just on Beacon Hill Wednesday to urge committee action on the PROTECT Act.
“We can’t supersede federal laws, we can’t run the immigration program, but we can make sure, and we will make sure that everyone who sets foot in this commonwealth who doesn’t have a criminal record is treated fairly,” Mariano said.
The redrafted bill largely mirrors the original proposal from Vargas, a Democrat who chairs the Black and Latino Legislative Caucus. With certain exceptions, the redraft bans civil arrests at courthouses; law enforcement officials from asking about the immigration status of potential detainees, witnesses and victims; and law enforcement agencies, aside from the Department of Correction, from executing or renewing 287(g) agreements that enable local officers to carry out the duties of federal agents, Cahill said.
Some state lawmakers say ICE is mostly targeting people who do not have criminal backgrounds. ICE has said its enforcement activity in Massachusetts has targeted violent crime offenders, some with ties to transnational gangs. The U.S. Department of Homeland Security and the Massachusetts U.S. Attorney’s office did not respond to News Service questions about whether they have concerns about the PROTECT Act.
Cahill said lawmakers are trying to alleviate disruptions in the justice system, which has become a regular occurrence as ICE agents detain defendants and thwart ongoing legal proceedings. The bill enables judges to “take into consideration someone’s imminent likelihood of imminent deportation when determining if there is bail required to ensure that that person will come back to our court system and participate in the process,” the Lynn Democrat said.
Aside from certain circumstances such as those involving a judicial warrant, the bill stipulates that local and state officials cannot initiate contact with federal agents to share nonpublic personal information or provide advance notice of a person’s release “unless said release is in connection with the satisfaction of an imposed sentence.” Cahill said the bill aims to “clarify the current rules of engagement” while also offering protections for law enforcement officials here.
“We try not to put them in a position where the federal government could potentially levy charges against our law enforcement agencies, which causes a lot of problems for our men and women that are on the streets, working for local police and State Police,” Cahill said. “We certainly don’t want to put them in a position where they could be suspended, where they could lose pay just for doing their job.”
Local police who are called to a scene where ICE enforcement is underway should observe and file a report with Attorney General Andrea Campbell’s office, which could choose to take action, Cahill said. If ICE violates state law, Cahill said people can turn to Campbell’s office to “enforce our rules.”
As an addition to Vargas’s bill, Cahill said the committee redraft requires employers to give their workers 48 hours’ notice after ICE alerts them to an inspection of I-9 employment eligibility verification forms. The federal form requires people to state their immigration status and the duration of their work authorization. Employers currently don’t have notification requirements, but Cahill said the warning could enable individuals to make arrangements in case they’re detained.
Essex County District Attorney Paul F. Tucker, who praised the collaborative process lawmakers used to craft the bill, stressed the importance of rebuilding public trust in law enforcement.
“One thing that we should all be able to agree on, even in the most difficult times, is people deserve due process,” Tucker said. “Victims, witnesses, defendants, all deserve their day in court.”
Correctional facilities, including state prisons and county jails, under the legislation must share information with detained individuals about their rights to counsel and to stay silent in interviews with law enforcement. That notice must be given in an individual’s native language, Cahill said. Facilities must also provide interpretive services.
Gov. Maura Healey and Campbell would be authorized to issue regulations outlining state agencies and entities “where ICE enforcement should be prohibited,” Cahill said. Their offices can also provide guidance to schools, churches, hospitals and private employers about how to respond to ICE actions.
The governor filed legislation in January to keep ICE agents of out courthouses, schools, child care programs, hospitals and churches. Healey said Wednesday she looks forward to legislation reaching her desk, and Senate President Karen E. Spilka signaled her chamber is prepared to act swiftly.
“I want to reiterate that when the legislation reaches the Senate, we will continue to engage in thoughtful details and consider additional protections to add what the governor had put in through the hard of work of all of our senators,” Spilka said. “We will add measures that we feel are necessary to defend safety, dignity and rights of all of our residents.”
Healey, a former attorney general, and Campbell on Friday launched a portal enabling Bay Staters to document incidents in Massachusetts that involve ICE, U.S. Customs and Border Protection, and other federal agencies enforcing civil immigration laws. It’s designed “to help the state identify patterns of potential misconduct, support affected residents, and inform possible legal or policy actions by the state,” according to the administration. Healey was asked by a reporter on Tuesday how the portal is going, and if she expects to use the information to prosecute federal agents.
“My job is to protect public safety here in Massachusetts, and opening that portal is part of it, so that people have a way to communicate what they’re observing. And if ICE agents are engaged in things are unlawful, then I expect them to be held accountable,” Healey replied.