Massachusetts Attorney General Andrea Joy Campbell joined ten other attorneys general in pushing back against acting Deputy Attorney General Emil Bove’s threat to prosecute local officials who resist cooperating with federal immigration enforcement.
“Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution,” the group wrote. “The President has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect.” The state attorneys general also called the threats “empty words on paper,” and said they won’t hesitate to act if those words become “illegal action.”
The memo from Bove, sent to all Department of Justice staff on Tuesday, asked for “faithful” execution of immigration laws, and for U.S. attorneys to “investigate incidences involving any such misconduct for potential prosecution.”
Carmen Ortiz, who served as U.S. Attorney for the District of Massachusetts from 2009-2017, told GBH News that the threat against elected officials is unprecedented. She said it’s also questionable.
“Does that mean that they’re going to investigate the governor, the attorney general, who have specifically spoken about taking legal action to really prevent what they view as unlawful activity?” Ortiz said. “I think at the end of the day, this is going to end up in court depending upon what action they take. And a judge will end up deciding.”
Campbell could not be immediately reached for comment.
The other attorneys general were from California, New York, Colorado, Connecticut, Hawaii, Illinois, Maryland, New Mexico, Rhode Island, and Vermont, places that have local and statewide policies that are more supportive of immigrants.
The group of attorneys general cited a 1997 Supreme Court case that challenged the federal government’s ability to force state officials to enforce federal programs under the Tenth Amendment, which allots state’s rights.
The attorneys general wrote that they have the responsibility to enforce state laws, and “will continue to investigate and prosecute crimes, regardless of immigration status,” calling Trump’s mass deportation agenda a “distraction.”
Ortiz said that federal, state and local law enforcement officials have always worked together to arrest and prosecute undocumented immigrants who have engaged in criminal activities.
The DOJ memo, issued shortly after Trump signed a slew of executive orders related to immigration, also mentioned a “Sanctuary Cities enforcement working group” operating under the Department of Justice, which will identify and challenge state and local policies that are “inconsistent” with Trump’s immigration plans.
A number of Massachusetts municipalities have policies that ban local police from inquiring into the immigration status of individuals they encounter and limit information that can be shared with federal agencies.
This week, Chelsea, which has had a sanctuary city resolution since 2007, reaffirmed its school district’s status as a “sanctuary district,” noting that school personnel will not “voluntarily cooperate” in any immigration enforcement action, or share information about students’ or parents’ immigration statuses.
In Worcester, the region’s second-largest city, the school district said Immigration and Customs Enforcement agents won’t be allowed in schools without a criminal judicial warrant signed by a judge. The district said staff received guidance about ICE interactions. Bus drivers have also been made aware by the district to keep students on buses if immigration agents are at a bus stop, and contact the district’s transportation department.
But Ortiz, who is now a partner at the law firm of Anderson & Kreiger, said if ICE agents have a judicial warrant in hand, all bets are off. “They technically can go and pursue that individual and arrest them. And I don’t believe there’s much that we can do. Obviously, the person is going to be detained under ICE custody.”
In Boston, councilors continue to weigh whether to bolster parts of the Trust Act, which GBH News first reported in December.
Any policy changes within the Department of Justice are pending the confirmation of a U.S. attorney general. James McHenry III is acting attorney general until Trump’s pick, Pam Bondi, can be confirmed by the Senate.
