Bill to limit civil arrests
BOSTON – State Representative Richard M. Haggerty (D-Woburn) recently joined his colleagues in the House of Representatives to pass the Protect Act. The bill establishes statewide standards governing interactions between state and local systems and federal immigration enforcement. It strengthens due process protections, restricts civil immigration enforcement in courthouses, expands protections for victims of crime, and helps provide increased clarity for correctional facilities and law enforcement.
“I was happy to vote alongside my colleagues in the Massachusetts House of Representatives on this critical legislation aimed to bolster safety for our residents and make sure people from all walks of life feel safe throughout the Commonwealth. This legislation empowers local law enforcement to focus on local public safety,” said Representative Haggerty. “We want to ensure that here in Massachusetts, our courthouses are a place where people can find justice and due process without fear of intervention of any other agency. I want to thank Speaker Mariano, House Leadership, Public Safety and Homeland Security Chair Dan Cahill and the Black and Latino Caucus for their work and making sure all voices were heard at the table for this important legislation.”
“We believe prohibiting ICE arrests within the courthouse will allow the Judicial Branch to operate free from external interference and ensure that our courthouses remain safe and accessible to all court users,” said Massachusetts Trial Court Chief Justice Heidi Brieger and Court Administrator Thomas Ambrosino.
The PROTECT Act would:
- Make sure persons detained by the federal government are given information on how to hire a lawyer in their native language;
- Require that an attorney be notified if their client is being moved to another facility;
- Ensure lawyers can speak to their clients by phone at least once a day;
- Restrict civil arrests in courthouses by requiring a judicial warrant or order, and a review by a judicial official. Except in extraordinary circumstances, as determined by the judicial official, the bill also prohibits a civil arrest from being made in a courtroom; and
- Help ensure that routine encounters with local law enforcement stay focused on public safety, with questions about immigration or citizenship arising only when directly relevant to a specific criminal matter.
This legislation takes measures to ensure every person in Massachusetts is treated with fairness and dignity, residents’ rights are protected, due process is followed, the courts remain open and accessible to all, and our communities feel safe and supported.
The bill passed the House of Representatives with a bipartisan vote of 134-21. It now goes to the Senate for consideration.
