Elected officials in Medford and Somerville, as well as state leaders across Massachusetts, are ramping up efforts to curb the effects of Immigration and Customs Enforcement’s presence in the state.
On Jan. 13, state representative Erika Uyterhoeven of Somerville took to social media demanding ICE get “the f--- out of Massachusetts.” The viral video, which currently has more than 39,000 views, echoes language from Minneapolis Mayor Jacob Frey in response to the shooting of Renee Good and calls on state leaders to cut ties with ICE, curb surveillance practices and hold federal agents accountable under state law.
“We can define by state law what is illegal and not illegal [through] civil and criminal penalties,” Uyterhoeven told the Daily. “There are things we can do, especially around ICE officers failing to identify themselves or with respect to mask bans.”
As efforts to block immigration enforcement operations gain steam, experts say that state and local governments have tools at their disposal.
Matthew Segal, a professor of the practice in the Department of Political Science, explained that states and municipalities have the right to withhold surveillance-related information from the federal government. For example, if Massachusetts passed a bill restricting surveillance within the state, it could refuse federal inquiries about specific individuals.
“There are circumstances in which — whether it’s surveillance or providing information or taking someone into custody — the federal government might ask the state and local governments for a favor, essentially,” Segal said. And the state and local governments’ answer might be ‘No, we won’t help you,’ or ‘No, we can’t help you,’ because the law or the constitution of our state forbids us from helping you.’”
Uyterhoeven said that the Shield Act 2.0, which prohibits state law enforcement and agencies from cooperating with federal or out-of-state investigations into legally protected healthcare provided in Massachusetts, was a step in the right direction. Gov. Maura Healey signed the law last year.
“I’m very proud of that law,” Uyterhoeven said. “But I think it was very limited because it only pertains to surveillance with respect to reproductive justice and gender-affirming care.”
Uyterhoeven said her goal is to create legislation that legally protects the immigration status of Massachusetts residents. She added, however, that such laws will only be effective if offenders are held accountable.
“The fact that you can buy and sell your geolocation data — that is something we have just chosen not to regulate [or] pass the legislation on and prohibit,” she said. “We can have all the laws in the world, but if no one prosecutes or investigates, it limits what we’re able to do.”
States’ resistance to federal agencies, including ICE and the Department of Homeland Security, can carry repercussions, Segal said.
“When a state [or] local government says ‘We’re choosing not to help you’, the federal government interprets that as ‘We're affirmatively trying to get in your way,’” he said.
Other officials have taken steps to push back against the federal government’s presence in the state. Boston Mayor Michelle Wu co-led a coalition that filed an amicus brief in Minnesota seeking to halt Operation Metro Surge, a federal operation in Minneapolis and St. Paul.
In recent months, State Reps. Christine Barber and Mike Connolly, along with State Sen. Pat Jehlen, have separately posted about legislation they have introduced. Connolly shared a guide outlining “9 things the legislature should do in response to the ICE crackdown,” including a statewide ban on local police cooperation with ICE and increased funding for legal defense to counter what he described as a “fascist campaign of mass deportation.”
The killings of Good and Alex Pretti, two U.S. citizens in Minneapolis, sparked a national response to ICE tactics. Last week, two large anti-ICE protests were held in Boston.
“It signals very clearly that people are hungry for us to take action and be courageous in this moment and do whatever we can to save our democracy,” Uyterhoeven said.
At Tufts, questions remain about the safety of international students. Last week, ICE agents were reported to be near campus, prompting Tufts to send an email urging community members to contact the Tufts University Police Department if agents were spotted.
Segal urged students to “take comfort in having seen how the Tufts community rallies around its own members in … times of need.”
