Bill filed to ban ICE operations at Massachusetts courthouses

Emergency legislation has been filed at the State House that would prohibit Immigration and Customs Enforcement (ICE) and other federal agents from detaining or arresting illegal immigrants in Massachusetts courthouses.

Filed by state Sen. Lydia Edwards (D-Third Suffolk) on Tuesday, An Act Protecting Access to Justice (SD. 3607) would ban ICE from detaining or placing illegal immigrants under civil arrest while inside and on the way to and from a Massachusetts courthouse. ICE agents make civil arrests for immigration violations and detaining individuals pending removal proceedings, according to the agency’s website.

“A person who is duly attending a court proceeding in which such person is a party or potential witness, or a family or household member is a party or potential witness, shall not be subject to civil arrest while present at the courthouse or courthouse grounds in connection with a court proceeding or while traveling to and returning from, the location of such court proceedings, unless such civil arrest is supported by a judicial warrant or judicial order authorizing such civil arrest,” the legislation reads.

Edwards announced the emergency legislation on social media Tuesday, saying in a Facebook post that increased ICE activity has “created fear around courthouses.”

“Today, I filed legislation reaffirming a fundamental promise of our democracy: that everyone has fair and safe access to the courts. At a time when increased immigration enforcement activity has created fear around courthouses, the legislation ensures that all residents can participate in legal proceedings, assert their rights, and seek justice without intimidation or obstruction,” Edwards said.  “Courthouses exist so people can seek justice – not to be places of fear or enforcement ambush.”

The bill also would require federal officers, as well as state and local law enforcement, to present identification to court personnel along with the specific law enforcement purpose they intend to carry out. That information, including an arrest warrant, would then be reviewed and decided upon by court staff or the judge presiding over the case involving the person law enforcement is seeking.

“Except in extraordinary circumstances, no arrest may be made by a representative of a law enforcement agency in a courtroom during procedures, absent leave of the court,” the bill says.

Edward’s bill would also ban local, state and federal law enforcement from wearing masks or other face coverings inside a Massachusetts courthouse unless required for medical reasons.

The emergency preamble comes amid swirling rumors of a large ICE operation coming to the Bay State after a shipment of 24 SUVs was delivered to the ICE facility in Burlington last week. It also comes as President Donald Trump continues his crackdown on illegal immigration, particularly in Minneapolis amid a fraud investigation into Somali-ran daycares and other establishments.

Both Gov. Maura Healey and Boston Mayor Michelle Wu expressed concern last week when asked about a possible uptick in ICE operations in Massachusetts, with Healey denouncing the agency and President Trump for leaving residents “terrified.”

State Rep. Erika Uyterhoeven (D-27th Middlesex), a self-described Democratic Socialist, also joined in on the reaction to the potential ICE surge, releasing a profane video last week on Instagram calling for an end to any and all state cooperation with ICE, legislation allowing ICE agents to be prosecuted in Massachusetts and more all in the effort to get the agency “the f*** out of Massachusetts.”

The bill was co-sponsored by state Sen. Patricia Jehlen (D-2nd Middlesex).

Sens. Edwards and Jehlen did not respond to a Herald request for comment.

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