Massachusetts Supreme Judicial Court Ties Law Enforcement Hands
Legislative Update By: Shari Rendall
Last week, the Massachusetts Supreme Judicial Court (SJC) unanimously ruled that court officers (and, by extension, law enforcement officers) cannot hold criminal aliens beyond the length of their prison sentences. (See Massachusetts Supreme Court Opinion, July 24, 2017) According to the SJC ruling, there is no Massachusetts statute that authorizes an officer to arrest and hold an individual based a federal civil immigration detainer. (Id.) This ruling, however, does not preclude law enforcement officers from notifying Immigration and Customs Enforcement (ICE) about a criminal alien’s arrest or impending release. (Id.)
The SJC decision reversed a detainer policy implemented by Governor Charlie Baker in June 2016 at the request of the Obama administration. At that time, Governor Baker sought to reopen the channels with ICE shutdown by his predecessor, Deval Patrick, and allow law enforcement officers to hold a suspect under arrest for 48-hours at ICE’s request. (Tribune News Service, June 2, 2016) Governor Baker said the policy was “intended to focus on those who pose a significant threat to public safety.” (Id.)
Governor Baker blasted the SJC decision saying that it endangers public safety. In response, he is drafting legislation to allow law enforcement officers to hold some criminal aliens on immigration detainers after they have posted bail. (U.S. News, July 26, 2017) Governor Baker says his legislation targets “criminals, gang members or suspected terrorists.” He would permit law enforcement officers to honor ICE immigration detainer requests of criminal aliens previously convicted of certain violent crimes like murder or rape. (Id.) However, it will not allow law enforcement to hold a criminal alien on a detainer request for “minor civil infractions like traffic violations.” (See MassLive, July 26, 2017)
Before Governor Baker could introduce his legislation, Representatives James Lyons (R-Andover), Shaunna O’Connell (R-Taunton), and Marc Lombardo (R-Billerica) filed a separate bill that gives law enforcement officers the authority to arrest and hold individuals ICE has requested detained, as well as those aliens that officers believe have violated immigration laws based on their “personal observations and belief.” (The Daily Caller, July 27, 2017) Representative O’Connell says the bill fixes the “travesty caused by the court ruling” that “ties the hands of law enforcement and makes Massachusetts a safe haven for illegal immigrants.” (Boston Globe, July 26, 2017)
It is unlikely that the Democratic- controlled legislature will consider legislation to allow officers to hold criminal aliens based on ICE detainer requests. In fact, prior to the SJC ruling, some Democrats were already supporting legislation to shield criminal aliens and prevent their detention. (See FAIR Legislative Update, June 20, 2017) Further, the State Legislature is overwhelming controlled by Democrats providing less incentive for the majority party to consider a Republican proposal. (Id.) While House Speaker Robert DeLeo (D-Winthrop) has not jumped on the sanctuary bandwagon, House Assistant Majority Leader Byron Rushing (D-Boston) said, “I don’t think we need to put any chilling effect on the way law enforcement officials wish to maintain their relationship with undocumented immigrants in their communities.” (Id.; Boston Globe, July 26, 2017)