BOSTON — Legislation designed to protect immigrants by banning federal agents from making civil arrests at courthouses is expected to clear a legislative committee Friday, 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 that 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. House committee members started voting on a redrafted package Thursday morning, with the poll closing at 4 p.m. Friday.
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 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 Rep. Andy Vargas, a Haverhill 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.
“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.”
Essex County District Attorney Paul 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.”
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.
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.”