Massachusetts Legislature Advances Bill Limiting Cooperation with Federal Immigration Authorities

The Massachusetts House of Representatives passed the PROTECT Act in late March. The Senate approved its version earlier this month. A House-Senate conference committee is now reconciling the two versions. The bill would limit local and state agencies from participating in the federal 287(g) program.

It would also require that detained individuals be notified of their right to counsel and their right to decline conversations with federal authorities until they have an attorney. Courthouses would be designated as locations where immigrants could attend civil hearings without fear of immigration enforcement.

Massachusetts state prisons continue to participate in the 287(g) program under a contract that began in 2007. The state Department of Correction transfers individuals completing sentences directly to federal immigration authorities. Massachusetts is the only state that voted against President Trump in 2024 and has a Democratic governor where a state agency maintains such an agreement.

The bill exempts the Department of Correction from the proposed restrictions on 287(g) participation. Other local police departments and sheriffs' offices have ended their own 287(g) agreements, with the last county program ending in 2023.

Healey has stated that Massachusetts is not a sanctuary state. She has defended the state's continued participation in the 287(g) program while criticizing federal immigration enforcement actions. Republican gubernatorial candidate Mike Minogu has made opposition to the bill part of his campaign.

The bill would also prohibit police from inquiring about immigration status unless required by law or judicial warrant.