Black and Latino Caucus pushes immigration reform legislation

Members of the Massachusetts Legislative Black and Latino Caucus are advancing legislation that would bar state and local police from cooperating with civil immigration enforcement cases, prevent ICE from detaining immigrants in court houses and bar correctional facilities from entering to agreements with federal immigration enforcement to house detainees.

“The top lines of the bill are, first and foremost, we’re maintaining trust in our communities by keeping state and local law enforcement focused on public safety, not civil immigration enforcement,” said state Rep. Andy Vargas, who chairs the caucus.

Caucus members met with reporters at the State House Wednesday to announce the legislation, An Act promoting rule of law, oversight, trust, and equal constitutional treatment (PROTECT). The bill builds on the TRUST Act and other legislative initiatives aimed at preventing local law enforcement from participating in the detention of undocumented immigrants who have not been convicted of crimes in the United States.

Vargas said caucus members sought to advance legislation they thought would meet the moment.

“We started with asking ourselves what would have the greatest impact,” he said. “Forget about the branding, forget about the policy that’s already out there. Let’s start from zero and where can we find consensus on something that’s going to move the agenda forward.”

Although there are large numbers of immigrants from European countries in Massachusetts, the Trump administration has appeared to target Black and Latino communities in its deportation push, here and nationally.

“We truly represent the communities that are facing these issues on a daily basis,” said Rep. Rita Mendes of Brockton.

Local activists fear the Trump administration could stage a major action in Boston. Some communities have already seen stepped up detentions. In Chelsea, where 38% of residents are foreign-born, ICE has already been active, having detained more than 30 people in the district court building during the last month.

“ICE often comes to our courthouses in Chelsea looking for someone who simply is there to attend a court hearing,” said state Rep. Judith Garcia. “We are talking about witnesses, victims.”

The detentions can deter witnesses from appearing in court, sometimes making it impossible for the justice system to do its job, Garcia said.

The PROTECT Act would bar federal immigration officials from detaining people without a warrant signed by a judge or a court order.

“What this bill does, and what Massachusetts clearly has the authority to do, is set the rules for what happens in and around our courthouses so judges, court officers, and staff can do their jobs,” Garcia said.

Mendes highlighted a provision of the bill that would standardize procedures for verifying that an immigrant is a victim of trafficking and make the process more predictable. Victims of trafficking qualify for so-called T visas, which allow them to remain in the U.S. for up to four years if they cooperate with law enforcement in investigations or prosecutions of traffickers.

“As an immigration attorney, I've sat across the table from survivors who did everything right,” she said. “They came forward, they cooperated, they trusted the system, and they got sent frustrated, through the wrong door. That’s not because the people don’t care. It’s because the process is uneven. It’s unclear. The policy varies, the training varies.”

Mendes said the PROTECT Act would make the Massachusetts part of the process more consistent, timely and fair.

Vargas said caucus members have met with the governor and legislative leadership to gain support for the passage of the legislation, but said they have not yet received commitments of support.

“They’ve been very helpful in hearing us out,” he said of the governor, Senate President Karen Spilka and House Speaker Ron Mariano. “We’ve had meetings with them, and they’ve been very robust meetings.”

While the Trust Act — which began its life in 2013 as the Safe Communities Act — has languished in legislative limbo, the current moment with ICE agents killing two U.S. citizens in Minneapolis and having launched violent incursions into Portland, Maine, Chicago and other major U.S. cities may present an opening for passage of such legislation.

“I would like to believe that with the shift in public opinion on immigration, now is the moment for the Legislature to take action,” said Progressive Massachusetts Policy Director Jonathan Cohn. “There will never be a better time to get this passed.”

On Thursday, Progressive Mass, the Massachusetts Immigrant and Refugee Advocacy Coalition, the ACLU of Massachusetts, the Brazilian Center, Field First and other groups are convening at the State House to press legislators to pass immigration protection legislation.

Legislators who advanced the TRUST act were present for the caucus’s press conference, including Sen. Jamie Eldridge and representatives Adrian Madaro, Mary Keefe and Erika Uyterhoeven.