BOSTON — Massachusetts Gov. Charlie Baker wants to give police the power to detain people accused of illegal immigration on behalf of federal authorities if they pose a threat to national security or have been convicted of serious crimes.

On Tuesday, Baker filed legislation that would authorize, but not require, state and local police to honor requests by federal immigration agents that are accompanied by warrants for people “who pose a threat to public safety.”

His bill is the latest response to a ruling by the state’s highest court that struck down a policy allowing Massachusetts police to cooperate with U.S. Immigrations and Customs Enforcement officers.

In a statement, Baker said local police and state courts for years have worked with ICE “to ensure that they can detain violent and dangerous criminals, convicted of crimes like murder and rape, to keep our communities safe.”

Under his proposal, a person would be detained if they’ve engaged in terrorism or espionage, or are facing those charges; if they’ve been convicted of a felony such as murder, rape, sexual abuse, drug trafficking or domestic violence; or if they’ve been involved in a street gang.


Someone could also be detained if they were convicted of driving under the influence two or more times.


Immigrant rights groups blasted the proposal, saying it encourages local police to act as immigration officers.

Marion Davis, spokeswoman for the Massachusetts Immigrant and Refugee Advocacy Coalition, pointed out the high court’s ruling doesn’t keep police from calling immigration agents about the impending release of a convicted violent felon.

“The governor says he wants to keep dangerous felons off the streets, but he doesn’t need this bill to do that,” Davis said. 

Carol Rose, executive director of the American Civil Liberties Union of Massachusetts, said Baker’s proposal is “constitutionally suspect because it attempts to authorize state and local law enforcement to detain people without due process.”

Meanwhile, a conservative group that supports tougher immigration laws says Baker’s proposal doesn’t go far enough.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, said the criteria for police to hold someone suspected of illegal immigration is too narrow and will allow “criminal aliens” to slip through the cracks.

“This is going to result in the release of criminal aliens that ICE is trying to deport back to communities to reoffend,” she said. “They shouldn’t be picking and choosing when to allow local cops to hold somebody.” 

A regional spokesman for U.S. Immigrations and Customs Enforcement didn’t return a call seeking comment.

Most police departments are concerned about maintaining relations with immigrant communities and view such policies as making people less likely to report crimes, said Mark Leahy, executive director of the Massachusetts Chiefs of Police Association.

“We’re not immigration officers,” he said. “We’re far more concerned about having good relations with the various communities we serve.

“And I’m not convinced that you’d see a lot of police departments that would opt into it,” he added.

Baker last year issued a directive that allows police to detain for up to 48 hours people in the U.S. illegally who fall into one of several categories including suspicion of drug dealing, sex trafficking, involvement with street gangs, or who pose a national security threat. That reversed a policy enacted by his predecessor, Gov. Deval Patrick.


But the Supreme Judicial Court last week ruled that existing state law doesn’t give local police the authority to detain people suspected of illegal immigration unless that person faces criminal charges. The ruling stemmed from a case involving a Cambodian man who was living in the country illegally and was detained when he couldn’t post bail for unarmed robbery charges. 


The court ruled that police cannot cooperate when federal authorities ask for someone to be held until they can arrive with a detainer. The ruling said the Legislature has the power to require that or restrict it.

An ICE detainer is issued when an undocumented person has been arrested on criminal charges and federal authorities believe there is probable cause to deport the person.

If police comply with the request, ICE takes the suspect into custody.


Republican lawmakers filed a bill last week giving state and local police the authority to enforce federal immigration law by detaining those suspected of being in the U.S. illegally, with or without a warrant. 


The proposal, co-sponsored by Rep. Jim Lyons, R-Andover, drew criticism from immigrant rights groups who blasted it as a “show me your papers” bill that will lead to racial profiling. 


Lyons said he supports Baker’s proposal and hopes the Democrat-controlled Legislature will act quickly to “fill the void” created by the court’s ruling.

“This is about protecting the citizens of the commonwealth,” Lyons said Tuesday. “Every day the Democrats refuse to take action on it, they’re putting communities at risk.” 

Opponents of such policies say giving local police the authority to cooperate with federal immigration agents makes communities less safe because they dissuade people from reporting crime for fear of deportation.

Supporters of the policies say police should be working with federal authorities to enforce the law, instead of shielding criminals from arrest and deportation.

State police have detained 27 people on ICE detainers from July 1, 2016 through July 11, 2017. Of those people, 16 were initially arrested on felony warrants or charges, according to a state police report.

Immigrant advocates are pressuring lawmakers to declare Massachusetts a “sanctuary state” that bars local police from detaining people living in the country illegally.

One proposal backed by more than 60 lawmakers — including Lawrence Democratic Reps. Juana Matias and Frank Moran, and Sen. Barbara L’Italien, D-Andover — would stop police from holding undocumented immigrants without an arrest warrant.


Several communities, including Lawrence and Salem, have passed local ordinances that restrict their officers from cooperating with federal agents.

President Donald Trump has vowed to crack down on sanctuary communities. A recently signed executive order threatens the funding of those that refuse to cooperate with immigration officials.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhi.com.