City of Boston urges federal court to throw out U.S. DOJ lawsuit challenging Boston Trust Act

BOSTON, MA — The city of Boston fought back in federal court today, urging a U.S. District judge to dismiss a lawsuit brought against the city by the U.S. Department of Justice (DOJ). 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 criminal law enforcement rather than carrying out federal immigration arrests or holding people in jail based solely on ICE administrative requests.

“Federal law doesn’t require cities to take part in civil immigration enforcement,” said Jill Habig, founder and CEO of Public Rights Project. “This abuse of power is a threat to both local authority and public safety. We’re proud to stand with Boston in defending its right to choose what’s best for the community.”

Public Rights Project is representing Boston alongside city attorneys. In its motion to dismiss, Boston makes clear that federal law doesn’t require cities to take part in civil immigration enforcement. 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 says the Department of Justice’s claims ignore that limit. The Trust Act clearly establishes that Boston policing resources will be dedicated to Boston’s priorities, particularly criminal law enforcement. The Constitution ensures that federal law does not, and could not, dictate how Boston uses local resources.

“Boston is defending our public safety laws against unconstitutional federal threats to keep Boston the safest major city in the country,” said Mayor Michelle Wu. “Courts across the country have repeatedly ruled that the Trump Administration cannot force local governments to participate in mass deportations. Boston will continue to stand with our residents and urge the court to reject this unlawful threat to our City.” 

DOJ’s lawsuit against Boston is part of a broader effort to challenge local policies in cities and states across the country that limit the use of local resources for civil immigration enforcement. Courts have already sided with local governments in all four decisions to date among the 12 similar cases nationwide. In addition to representing Boston, Public Rights Project filed amicus briefs on behalf of over 100 local governments in six of these cases to defend local governments across the country.

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