BOSTON — As federal-state tensions flare in Minnesota, a majority of the Massachusetts Senate wrote to the governor and attorney general last week urging them to prepare for potential situations in which the Bay State could prosecute a federal official who is accused of abusing their authority here.
Led by Sen. Michael Moore of Millbury, the 23 senators who signed Friday’s letter to Gov. Maura Healey and AG Andrea Campbell acknowledged that state-level prosecution of federal officials “faces a narrow legal path” but said it is “the only viable mechanism for accountability” should Massachusetts face a situation like what has unfolded in Minnesota. The senators pointed to ICE actions that they said “violate the rights to free speech, peaceful assembly, and protection against unreasonable searches and seizures under the United States Constitution.”
“Still, with sufficient evidence and will, a state may bring a prosecution against federal officials who violate state criminal law while acting in a manner that is not necessary and proper in the performance of their official federal duties. To that end, we respectfully request that Massachusetts undertake several actions to prepare to respond to, and when appropriate prosecute, federal officials who abuse their federal authority here,” the letter reads.
The Democratic senators are seeking the creation of a “rapid response” task force to respond to allegations of federal abuses in Massachusetts, guidance from the attorney general to law enforcement highlighting “their authority and responsibility to collect evidence of federal misconduct” and more, and the establishment of an online portal for residents to submit complaints and evidence.
Federal immigration enforcement officials have previously blamed “sanctuary policies” in Massachusetts that they say make it harder for them to remove criminals from the country, sometimes necessitating large-scale sweeps like ICE carried out here last year.
Signed onto Moore’s letter are Sens. Cindy Friedman, Paul Mark, Patricia Jehlen, Mark Montigny, Jason Lewis, Joan Lovely, John Keenan, Michael Barrett, James Eldridge, Robyn Kennedy, Michael Brady, Rebecca Rausch, Adam Gomez, John Cronin, Paul Feeney, Liz Miranda, Sal DiDomenico, Jacob Oliveira, Pavel Payano, Barry Finegold, Nick Collins, and Michael Rush. Lovely, Barrett and Rush hold Senate leadership posts.
“The Trump Administration’s willingness to use the power of the federal government to hurt and even kill United States citizens is shocking. Massachusetts must be prepared for the possibility that President Trump unleashes his masked agents on the people of the Commonwealth for having the audacity to stand up to him,” Moore said in a statement.