The City of Boston has initiated efforts to dismiss a federal lawsuit challenging its sanctuary city policy, asserting that the policy is constitutionally protected. The lawsuit, filed by the Department of Justice (DOJ) on September 28, 2023, targets the City of Boston, Mayor Michelle Wu, the Boston Police Department, and Police Commissioner Michael Cox. It argues that Boston’s Trust Act obstructs the federal government’s enforcement of immigration laws.
The Trust Act, enacted by the City Council in 2014, limits the Boston Police Department’s cooperation with U.S. Immigration and Customs Enforcement (ICE) regarding civil immigration detainers. The Act allows local law enforcement to focus on criminal matters while leaving civil immigration enforcement to federal authorities. Boston’s motion to dismiss contends that this policy does not conflict with the federal government’s authority under the Immigration and Nationality Act (INA).
Boston’s motion highlights that the Trust Act is an exercise of the city’s rights under the Tenth Amendment of the U.S. Constitution. The city maintains that the Trust Act prioritizes public safety by ensuring that all residents, regardless of their immigration status, feel safe reporting crimes and accessing city services.
In its dismissal request, the city points to previous court decisions in similar cases, including a federal lawsuit against Illinois and Chicago, which were dismissed for failing to establish a valid claim. The motion states, “This Court should dismiss the Complaint with prejudice,” citing the consistent legal backing for the Trust Act.
The DOJ’s lawsuit claims that the Trust Act obstructs federal immigration enforcement by preventing local cooperation. However, Boston argues that the INA permits local jurisdictions to decide their level of involvement in immigration issues, thus supporting the city’s stance that the Trust Act simply declines to participate in federal enforcement.
Boston’s motion critiques the DOJ’s interpretation of the law as overly broad. It asserts that the only prohibition under the INA pertains to sharing information related to citizenship or immigration status, rather than personal information such as home addresses or release dates. The city’s response emphasizes that the Trust Act does not regulate or discriminate against the federal government, characterizing it as a neutral policy applicable solely to city officials.
Attorney General Pam Bondi has previously criticized Boston, labeling it one of the “worst sanctuary offenders in America.” Bondi alleged that the city’s policies protect individuals who are in the country illegally, undermining law enforcement efforts.
Boston’s legal team is also seeking to remove Mayor Wu, Police Commissioner Cox, and the Boston Police Department from the lawsuit, arguing that the complaint lacks sufficient evidence to justify their inclusion as defendants.
As the legal battle unfolds, the outcome could significantly impact the authority of local governments in sanctuary policies across the United States. Boston’s motion emphasizes the importance of safeguarding local priorities and maintaining community trust in law enforcement.
