BOSTON — Gov. Maura Healey has signed an executive order intended to ban new 287(g) immigration enforcement agreements “unless there is a public safety need,” prohibit ICE from making civil arrests in non-public areas of state facilities, and ban the use of state property for immigration enforcement staging.
Healey also announced she is filing legislation (HD 5610) that her office says is designed “to keep ICE out of courthouses, schools, child care programs, hospitals and churches; make it unlawful for another state to deploy its National Guard in Massachusetts without the Governor’s permission; and allow parents to pre-arrange guardianship for their children in case they are detained or deported.”
The governor’s office called the measures “the most comprehensive effort in the country to protect against ICE activity in sensitive locations.” President Trump’s administration over the past year has gone on a deportation offensive, riling immigrant communities, splitting up families and drawing backlash over ICE agent tactics.
“Over the past year, President Trump has sent federal agents into communities, cities and states around the country, and what we have seen week after week, month after month, are federal agents instigating antagonizing and, yes, causing violence in communities,” Healey said at a press conference at the State House. “People have been killed. Others have been shot. We see mothers and fathers ripped out of cars and from the arms of their children. United States citizens have been stopped, arrested and detained.”
Republican candidates for governor knocked the governor’s initiatives, alleging the moves make Massachusetts a “sanctuary state” and would thwart federal efforts to apprehend “criminal” undocumented immigrants.
The executive order states that Massachusetts is home to over 1.2 million immigrants “who are workers, parents, caregivers, business owners, and essential contributors to the Commonwealth’s economy and civic life.” It further states that the Massachusetts Constitution “guarantees that every resident is afforded equal treatment under the law, regardless of national origin or immigration status.”
Under the order, no executive-branch office or agency may execute a new 287(g) agreement to partner with ICE “unless the Secretary of the Executive Office of Public Safety and Security certifies in writing that the agreement … is based on a specific, articulable public safety risk or need” and that the agreement sunsets within 12 months of it being issued.
The order also provides that “civil arrests by federal immigration officers shall not be executed in nonpublic areas of state facilities” without a judicial warrant, and that state facilities “shall not be used by federal immigration officers to facilitate civil immigration enforcement efforts, including but not limited to use as a staging area, processing location, or operations base.”
The governor has previously called for private airline companies to stop providing chartered flights for ICE to deport residents who have been detained in Massachusetts out of Hanscom Field airport in Bedford. The airport is operated by the Massachusetts Port Authority, but Healey spokesperson Karissa Hand said this section of the executive order would not prevent these deportations, as it is a federal base.
Healey’s immigration legislation was filed not as a standalone bill but as attachments to a $411 million budget bill that her office says includes “time sensitive” appropriations for the Legislature to consider. That bill also speaks to Joint Hazard Incident Response Team work associated with the upcoming World Cup and Tall Ships. By attaching the policy proposal to immediate spending needs, the Legislature, which has resisted calls for it to delve into immigration policies, may soon be forced to reckon with the proposals.
According to the governor’s office, the legislation would restore protections previously provided under a Department of Homeland Security “protected areas” policy that discouraged immigration enforcement in sensitive locations, which the Trump administration rescinded last January.
“Our action today is actually in line with what was long established federal policy,” Healey said. “It used to be that federal agents and partners in law enforcement recognized those sensitive spaces, and they, in fact, used to designate them as sensitive locations that were protected from enforcement action.”
She continued, “The Trump administration threw out that common sense policy at the start, on the very first day of taking office, in fact, and made the way for what has been extreme and downright un-American tactics. Their goal has been to intimidate, to instill fear, and that’s what they’ve done, and we’re here today to restore trust in government.”
The bill would prohibit warrantless civil arrests by ICE inside courthouses, which the administration says has deterred witnesses and victims from appearing and disrupted criminal cases. Schools, licensed child care programs and after-school programs would also be barred from allowing immigration agents into nonpublic areas without a judicial warrant and would be required to adopt formal policies governing interactions with ICE.
Essex County District Attorney Paul Tucker, a former state representative, said ICE activity in courthouses has deterred witnesses and victims from appearing.
“Access to justice cannot coexist with a threat of civil arrest looming over those who enter a courthouse to assert their right to defend themselves or to fulfill their civic obligations,” Tucker said, adding that Healey’s actions “will help to relieve that fear and enhance public safety.”
Hospitals, community health centers, nursing homes and substance use disorder treatment programs would similarly be prohibited from granting ICE access to nonpublic areas without a judicial warrant. The administration said providers have reported patients delaying or avoiding care out of fear of detention.
The bill would further allow parents to pre-arrange temporary guardianship for their children in the event they are detained or deported, without terminating parental rights.
“Our bill will also allow parents to pre-arrange guardianship with their kids in case they’re detained or deported. And I’m really sorry to even have to utter those words, but at the end of the day, we’ve seen here in Massachusetts and around this country, little kids taken away from their parents, left alone or in the care of maybe a neighbor, maybe the state. It’s wrong,” Healey said.
Another provision would make it unlawful for a military force under the control of another state’s governor to enter Massachusetts without the governor’s permission, referencing recent out-of-state National Guard deployments in other states.
The legislation would also codify a privilege against civil arrest in churches and other houses of worship while individuals are attending services.
At the State House press conference, Healey was joined by Senate President Karen Spilka, other lawmakers, district attorneys and community leaders. House Speaker Ron Mariano was not present. A spokesperson for Mariano said he was in his office for meetings. While Spilka and Attorney General Andrea Campbell were both quoted in the governor’s press release in support of the effort, no House members were quoted.
Spilka said the Senate would try to move the legislation quickly. “I want to go on record that the Massachusetts Senate stands firmly with you in these efforts and when this legislation reaches the Senate, and hopefully that is very soon, we will engage thoughtfully with the details,” Spilka said. “Let me be clear, the Senate will also do everything in its power to return these proposals to your desk for your signature soon.”
In a statement, Mariano’s spokesperson Max Ratner said the speaker supports the governor’s executive order.
“Speaker Mariano supports Governor Healey’s executive order and continues to be engaged in conversations with the Black and Latino Legislative Caucus and House Leadership on this issue,” Ratner said.
The Black and Latino Legislative Caucus are championing a just-filled bill called the PROTECT Act aimed at boosting protections for immigrant communities, that also has language around barring ICE from courtrooms. Caucus members on Wednesday signaled that “robust” talks were occurring over a potential policy push. However, the governor’s office says these are different pieces of legislation.
Mariano continued: “The House will prioritize Member feedback regarding legislative proposals on immigration policy, and will host Member meetings next week with the goal of ensuring that a thorough review process takes place. Given the complexity and severity of this issue, and given the limitations on what state government can do on immigration, it is imperative that the House has thoughtful, candid discussions. As ICE and other federal agents continue to harass and intimidate innocent Americans, and despite the Trump Administration’s disinterest in following the law or working with state and local governments to ensure public safety, the House remains committed to protecting our residents.”
Republican candidates for governor criticized the executive order and legislation. Mike Minogue said in a statement, “I’m disappointed to see Massachusetts politicians prioritize political headlines over keeping communities safe. State and local officials need to work together with the federal government to get criminal illegal immigrants out of our communities.”
Mike Kennealy said the actions amounted to declaring Massachusetts a sanctuary state. “Yesterday, Maura Healey claimed Massachusetts is not a sanctuary state. Today, Maura Healey announced a series of executive actions that definitively make Massachusetts a sanctuary state,” Kennealy said, arguing that the governor’s approach would force federal agents to make arrests in the community rather than in courthouses.
Healey rejected the sanctuary-state label Wednesday when asked whether her actions were turning Massachusetts into a sanctuary state. Healey said, “Massachusetts is not a sanctuary state. I’ve said this time and time again.”
Brian Shortsleeve, Republican candidate for governor, said in Thursday’s announcement Healey “admitted cooperation with federal law enforcement is necessary and proper. Then she banned it. She claims Massachusetts is not a sanctuary state while issuing orders that block law enforcement from courthouses and stop basic law enforcement at the very touchpoint that would best ensure a peaceful and orderly transition of custody of criminal illegal immigrants.”
Massachusetts Republican Party Chair Amy Carnevale said “recent immigration apprehension efforts in Minnesota have been tumultuous and this has led to tragic results,” before criticizing Healey’s initiatives.
“The solution is not to double down on furthering the divide between the state and federal government as proposed by Governor Healey. Instead, our state government should be working in partnership with federal authorities to ensure that criminal illegal aliens are identified and apprehended off the streets. These apprehensions are best done in spaces like courthouses,” Carnevale said in a statement. “By signing an executive order and advancing legislation to make it more difficult for the federal government to precisely and safely target enforcement toward criminal illegal aliens, our communities have now been put at greater risk for chaotic law enforcement. The actions today combined with the heated rhetoric by the Healey Administration will only exacerbate tensions as President Trump works to make the United States safer again.”
The executive order takes effect immediately.