BOSTON — A bipartisan group of lawmakers wants to close a “loophole” in state law that allows people who impersonate ICE agents and other federal authorities to shake down immigrants or sexually assault women to go without punishment.
The proposal, filed by state Sen. Bruce Tarr, R-Gloucester, Rep. Anne Margaret Ferranate, D-Gloucester, and others would make it a crime to impersonate a federal law enforcement official. Under current law, criminal charges can only be filed against someone accused of impersonating a state or local law-enforcement official.
Tarr, the GOP’s minority leader, said lawmakers were prompted to file the bill after hearing from activists who expressed concerns about people impersonating Immigration and Customs Enforcement officers to prey on immigrant communities amid the increased presence of plain-clothed federal authorities often wearing masks or covering their faces.
“Those conversations exposed a loophole in our state law that needs to be immediately addressed,” Tarr said. “While this bill wasn’t filed in response to any specific incidents in Massachusetts, across the country there have been numerous incidents of this kind of behavior. We need to make sure our laws protect against these despicable acts.”
Tarr said the proposal, which has picked up bipartisan support, would also increase the penalties for impersonating law-enforcement officers. Currently, the fine is $400 per offense and up to a year in prison, if convicted. The bill calls for increasing that to $1,000 and up to 2 1/2 years in prison.
“It’s a very straightforward proposal,” he said. “There are a lot of issues that involve the federal government that are not within our ability to address but this one is squarely in the court of the Legislature and the Healey administration. And my hope that we act on it quickly.”
Concerns about fake ICE agents shaking down immigrants or sexually assaulting women have been fueled by the Trump administration nationwide immigration crackdown, which has involved high-profile raids and deportations of thousands of people suspected of being in the country illegally.
Recent incidents in North Carolina, Maryland and New York — where women were allegedly harmed by men impersonating ICE agents — prompted members of the House Democratic Women’s Caucus on Monday to call on the Trump administration to require federal authorities to be clearly identified when conducting arrests.
“We demand that ICE agents visibly and clearly identify themselves when conducting immigration enforcement activities to stop enabling impersonators who leverage women’s uncertainty and fear of immigration consequences to rape, harass, and abuse them,” the lawmakers wrote to Homeland Security Secretary Kristi Noem.
ICE acting Director Todd Lyons has defended policies that allow officers to wear masks and plainclothes to protect themselves from harassment and facilitate arrests. He has also disputed claims that officers are indistinguishable from imposters, saying real officers generally wear clothing and equipment emblazoned with an ICE insignia.
“I’ve said it publicly before, I’m not a proponent of the masks,” Lyons said recently. “However, if that’s a tool that the men and women of ICE need to keep themselves and their family safe, then I will allow it.”
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.