Press Release  AG Campbell Files Brief In Support Of Boston’s Trust Act

Boston — Massachusetts Attorney General Andrea Joy Campbell today filed an amicus brief in support of the city of Boston’s motion to dismiss a case brought by the federal government challenging the legality of the Boston Trust Act, a city ordinance that limits the participation of state and local officials in federal civil immigration enforcement. In the brief, AG Campbell argues that the Trust Act is consistent with state and federal law and that it advances public safety for all residents.  

“The Trust Act promotes public safety and fosters trust between local law enforcement and the communities they serve, helping to make Boston the safest major city in America,” said AG Campbell. “I am proud to stand with the city of Boston against this egregious attempt at federal overreach, as we work to protect the rights of all municipalities to set local policy like the Trust Act, that is consistent with state and federal law.”  

In the brief, AG Campbell argues that core constitutional principles and federalism allow state and local governments to make their own policies and decisions about protecting public safety and community welfare, as long as they do not conflict with federal or state law. The Constitution gives police power to the states and their municipalities, and the decision by Boston’s leaders to limit its law enforcement officials’ participation in immigration enforcement to protect public safety is a lawful exercise of that power.  

AG Campbell also argues that Boston’s Trust Act is fully consistent with state and federal law, which cannot compel local participation in civil immigration enforcement. The Trust Act is also aligned with the Massachusetts Supreme Judicial Court’s 2017 decision in Lunn v. Commonwealth, which made clear that Massachusetts state and local law enforcement officers have no authority to arrest or detain an individual solely on the basis of a federal civil immigration detainer. The Trust Act does not prevent local enforcement from participating in criminal immigration enforcement.  

In the brief, AG Campbell argues that the Trust Act is essential for promoting public safety and that by separating immigration enforcement from local policing, local law enforcement is able to build trust with the communities they serve. Data shows that when local police assist in federal civil immigration enforcement, immigrant communities become more isolated and less willing to report crimes, which in turn makes them more vulnerable to violence, exploitation, and abuse. By allowing all residents to report crimes, serve as witnesses, obtain healthcare, and otherwise interact with local officials without fear that doing so may cause themselves or loved ones to be deported, the Trust Act is key to advancing public safety and public health. 

AG Campbell urges the court to grant the city’s motion to dismiss this lawsuit.  

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