Executive Order  No. 650: Protecting Access to Essential Services and Keeping Massachusetts Communities Safe

WHEREAS, Massachusetts is home to over 1.2 million immigrants who are workers, parents, caregivers, business owners, and essential contributors to the Commonwealth’s economy and civic life;

WHEREAS, the Massachusetts Constitution guarantees that every resident is afforded equal treatment under the law, regardless of national origin or immigration status;

WHEREAS, Massachusetts is committed to ensuring that all residents can access essential public services, attend school, seek medical care, participate in government proceedings, and conduct business with the state without fear or intimidation;

WHEREAS, tactics currently being used by federal civil immigration enforcement officers are undermining public safety and creating immense fear in communities across Massachusetts;

WHEREAS, public safety is strengthened when residents trust state government and are not deterred from reporting crimes, cooperating with investigations, sending their children to school, accessing necessary health care, and seeking essential services;

WHEREAS, in the United States, the power to control vital functions of day-to-day government belongs to the states, and the federal government cannot coerce or commandeer state governments to administer federal mandates;

WHEREAS, civil immigration enforcement is the responsibility of the federal government and state resources should be preserved for the essential functions of state government;

WHEREAS, state-owned and state-controlled land, property, spaces, facilities, and resources exist to serve state purposes and the residents of Massachusetts, not to facilitate federal civil immigration enforcement;

NOW, THEREFORE, I, Maura T. Healey, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution, Part II, c. 2, § I, Art. I, do hereby order as follows:

Section 1.  Definitions

For purposes of this Executive Order, the following terms shall have the following meanings:

“Civil arrest”, an arrest that is not for the sole or primary purpose of preparing the person subject to such arrest for criminal prosecution, for an alleged violation of the criminal law of: (A) the Commonwealth or another jurisdiction within the United States, for which a sentence of a term of imprisonment is authorized by law; or (B) the United States, for which a sentence of a term of imprisonment is authorized by law, and for which federal law requires an initial appearance before a federal judge, federal magistrate or other judicial officer, pursuant to the federal rules of criminal procedure that govern initial appearances. 

“Federal immigration officer,” an agent of federal Immigration and Customs Enforcement, federal Customs and Border Protection, any similar agency or successor agency, or any other federal law enforcement agency tasked with civil immigration enforcement or working in concert with Immigration and Customs Enforcement or Customs and Border Protection. 

“Judicial warrant or judicial order,” an arrest warrant or other judicial order issued by a judge or magistrate sitting in the judicial branch of state government or of the federal government, authorizing an arrest.  

“State facility,” any building, or part thereof, owned, leased, occupied, controlled by, or used for business by an office or agency of the Executive Department, either directly or indirectly, including but not limited to entities providing direct services on behalf of offices or agencies, but not including state-owned property leased to a federal entity.  

Section 2.  Access by Federal Immigration Officers to State Facilities

Except as authorized by a judicial warrant or judicial order, civil arrests by federal immigration officers shall not be executed in nonpublic areas of state facilities.  The offices and agencies of the Executive Department shall ensure that relevant staff are aware of this requirement and trained on interacting with federal immigration officers.

Section 3.  State Property Controlled by the Executive Department

State facilities, including parking lots and parking garages, shall not be used by federal immigration officers to facilitate civil immigration enforcement efforts, including but not limited to use as a staging area, processing location, or operations base.  The offices and agencies of the Executive Department shall take all necessary steps to implement this directive.    

Section 4.  Protection and Preparation for State and Non-State Entities

The Executive Offices of Education and Health and Human Services are immediately directed to work with both public and private entities engaged in providing services to the public, including but not limited to child care providers, public and private schools, colleges and universities, entities led by medical providers, and hospitals to ensure that those entities have guidance and policies in place (i) for staff interacting with federal immigration officers; and (ii) requiring a judicial warrant or judicial order for entry into nonpublic areas.  In addition, these executive departments shall: (i) develop and publish resources to assist these entities in adopting guidance and policies for interacting with federal immigration officers; and (ii) encourage these entities to conduct trainings on these policies to promote safety in Massachusetts’ communities.

Section 5.  287(g) Agreements

No office or agency of the Executive Department shall execute any new agreement under section 287(g) of the federal Immigration and Nationality Act, or any substantially similar agreement or arrangement that authorizes personnel to perform federal civil immigration enforcement functions, unless the Secretary of the Executive Office of Public Safety and Security certifies in writing that the agreement: (i) is based on a specific, articulable public safety risk or need; and (ii) sunsets not later than 12 months after its issuance.   

Section 6.  Compatibility with Existing Laws and Policies

Nothing in this Executive Order shall be construed to require action inconsistent with any applicable state or federal law or Executive Department regulation or policy, to diminish the statutory authority of any executive-branch entity, to prevent the renewal of an existing agreement under section 287(g) of the federal Immigration and Nationality Act, or to require action that would be inconsistent with other legal requirements for a state or federally supported or funded program.  Nothing in this Executive Order shall be construed to restrict or interfere with the execution of lawful judicial warrants or judicial orders or the enforcement of criminal law.  Nothing in this Executive Order shall be construed to impact or interfere with any current operations or agreements of the Department of Correction.

Section 7.  Effective Date

This Executive Order shall take effect immediately and shall continue to be in effect until amended, superseded, or revoked by subsequent Executive Order.