The City of Boston has filed a motion to dismiss a federal lawsuit from the U.S. Department of Justice challenging its sanctuary city policy. The city argues that the policy, known as the Trust Act, is constitutionally protected and does not conflict with federal immigration laws. The lawsuit was initiated on September 28, 2023, in a federal court in Boston, targeting not only the city but also Mayor Michelle Wu, the Boston Police Department, and Police Commissioner Michael Cox.
The Trust Act, enacted by the Boston City Council in 2014, limits the cooperation between local law enforcement and federal immigration authorities, specifically U.S. Immigration and Customs Enforcement (ICE). It allows Boston police to focus on criminal law enforcement while leaving civil immigration matters to federal officials. According to the city’s motion, this structure does not contradict the Immigration and Nationality Act, which permits voluntary cooperation between local and federal authorities.
The DOJ’s lawsuit contends that cities cannot obstruct the federal government from enforcing immigration laws, arguing that the Trust Act undermines federal efforts. Boston’s response points to the success of similar sanctuary policies in other jurisdictions, mentioning recent dismissals of lawsuits against Illinois and New Jersey for failure to establish a valid claim.
Boston’s motion emphasizes that the Trust Act has been instrumental in ensuring public safety. The city claims it allows all residents, regardless of immigration status, to report crimes and access city services without fear. The motion argues that participation in immigration enforcement would violate the Tenth Amendment, which reserves certain powers to the states.
The lawsuit’s interpretation of the law is described as “overbroad” in Boston’s motion. It asserts that the Immigration and Nationality Act only prohibits limitations on sharing citizenship or immigration status information, not other personal data. The city maintains that the Trust Act is a neutral policy, applying strictly to city officials without infringing on federal authority.
Boston’s legal team is also seeking to dismiss the individual claims against Mayor Wu and Commissioner Cox, arguing that the complaint fails to substantiate their roles as defendants in the case. The motion requests the court to dismiss the complaint with prejudice, which would prevent the federal government from re-filing similar claims in the future.
As the legal battle unfolds, the outcome may have significant implications for sanctuary city policies across the United States. With the federal government aiming to reinforce its immigration enforcement, Boston’s defense of local authority highlights an ongoing national debate over the balance of power between federal and local jurisdictions in immigration matters.
