Massachusetts Proposes Law to Limit ICE Arrests at Courthouses

Massachusetts lawmakers have introduced a significant bill aimed at reshaping the way Immigration and Customs Enforcement (ICE) operates within state courthouses. The proposed legislation, known as the PROTECT Act, seeks to safeguard immigrant communities and ensure their safe access to the judicial system.

Concerns have escalated in recent years about the increasing number of ICE detentions at courthouses across the state. According to data from the Massachusetts Trial Court, at least 614 detentions occurred at state courthouses in 2025, with around 20% of these arrests taking place in the Boston area. Specific locations such as Chelsea, East Boston, and the Edward W. Brooke Courthouse in Boston have reported notable figures, including more than 30 arrests in Chelsea alone.

In response, members of the Massachusetts Black and Latino Legislative Caucus (MBLLC) unveiled the PROTECT Act on Wednesday. This legislation is designed to limit civil immigration arrests within courthouses, aiming to maintain public trust in local law enforcement while promoting a safe environment for all who seek justice.

Federal agents have been known to wait outside courthouses for individuals exiting hearings—often related to civil matters like housing disputes—to make arrests. Such practices have raised questions regarding due process, as these detentions frequently occur without judicial warrants. The proposed act would explicitly prevent civil detentions in and around courthouses unless a judicial warrant is obtained.

State Rep. Andres Vargas, chair of the MBLLC, emphasized the importance of incorporating the experiences of immigrant families into the proposal. “When drafting this proposal, we made sure it would be guided by the voices and experiences of immigrant families and that it would have strong legal grounding,” he stated.

Next steps involve debating and voting on the bill in the Joint Committee on the Judiciary or another relevant committee. Several lawmakers expressed urgency in advancing the proposal to ensure timely protection for immigrant communities.

The PROTECT Act also mandates quarterly reports on immigration enforcement actions in courthouses, although personal information will remain confidential. This transparency aims to inform communities, judges, and lawmakers about the nature of these actions, enabling them to advocate for fair treatment within the legal system.

State Rep. Judith Garcia highlighted the necessity of separating public safety from civil immigration enforcement. “That’s what the PROTECT Act does. It sets a clear rule: civil immigration arrests should not take place in or around Massachusetts courthouses, or while someone is traveling to or from them, unless there is a judicial warrant,” she explained.

The legislation also proposes to limit the cooperation of local police with ICE. Currently, some immigrants are arrested for minor offenses, leading to their fingerprints being sent to the FBI and subsequently shared with ICE. The PROTECT Act aims to eliminate 287(g) agreements that allow local law enforcement to collaborate with ICE in non-serious cases. Instead, only agreements related to serious crimes would be allowed, subject to stringent oversight.

Rep. Vargas elaborated on the necessity for enforcement of the proposed law: “We want all of this to be legally enforceable, which is why we give the Attorney General broad authority to enforce what is laid out in this bill.”

To ensure proper oversight, local agreements would need approval from the Executive Office of Public Safety and Security (EOPSS) after public notices, comment periods, and consultations with the Attorney General. Currently, the Massachusetts Department of Correction holds the only 287(g) agreement in the state, while the Department of Homeland Security reports over 1,000 such agreements nationwide.

The PROTECT Act also aims to address significant issues involving the families of detained individuals. Recent incidents have highlighted the emotional distress experienced by families when parents are suddenly detained, leaving children in a state of uncertainty. “There are families living with the daily uncertainty of not knowing where their loved ones are,” Vargas remarked.

The proposed legislation seeks to improve transparency and establish clear rights for detainees, including access to interpreters and secure communication with legal representatives. It would facilitate compliance with appointments required by the Executive Office for Immigration Review and U.S. Citizenship and Immigration Services, preventing individuals from “disappearing” within the immigration system.

During a recent press conference, Gladys Vega, executive director of La Colaborativa, underscored the bill’s potential impact on immigrant communities in Massachusetts, a state historically shaped by diverse populations. “We recognize the contributions of our communities and believe that with this bill, we will be able to better protect our families,” Vega stated.

As the legislative process unfolds, the PROTECT Act stands as a critical step toward ensuring that immigrant families can navigate the court system without fear of federal enforcement actions.