U.S. v. Boston

The City of Boston filed a motion to dismiss a federal lawsuit by the U.S. Department of Justice (DOJ) about its local authority. The DOJ is challenging a local law limiting the use of city resources for federal immigration enforcement.

The law, known as the Boston Trust Act, directs Boston police and other city officials to focus on public safety priorities rather than carrying out federal civil immigration arrests or holding people in jail based solely on ICE administrative requests.

In its motion to dismiss, Boston makes clear that federal law doesn’t require cities to take part in civil immigration enforcement. The Trust Act simply directs how Boston’s own employees and resources may be used. The city also points out that the Constitution’s 10th Amendment prevents the federal government from forcing state and local officials to carry out federal programs and that the DOJ’s claims ignore that limit.

Since the Trust Act was enacted in 2014, Boston has become the safest major city in the U.S. and benefited from a booming economy. The policy is designed to:

• Promote public safety by fostering trust between residents and local law enforcement
• Prevent crime by ensuring local resources are directed to criminal law enforcement
• Ensure Boston complies with state law by which local officials lack the authority to detain someone based solely on a civil immigration detainer