The City of Boston has moved to dismiss a federal lawsuit initiated by the Department of Justice (DOJ) that challenges its sanctuary city policy. This legal action was filed on October 26, 2023, in Boston federal court and targets both the city and its officials, including Mayor Michelle Wu and Police Commissioner Michael Cox. The city argues that its policy is constitutionally protected and does not conflict with federal law.
In its motion to dismiss, Boston asserts that the Trust Act, which was enacted by the City Council in 2014, mandates the Boston Police Department to focus on criminal law enforcement while civil immigration enforcement is left to federal authorities. The city contends that this framework aligns with the Immigration and Nationality Act (INA), which allows for voluntary cooperation between state, local, and federal agencies regarding immigration matters. Boston’s lawsuit states, “This structure is not, and could not be, in conflict with or preempted by the INA.”
The DOJ’s lawsuit claims that sanctuary policies, such as Boston’s, obstruct the federal government’s ability to enforce immigration laws. The Trust Act limits the Boston Police Department’s cooperation with U.S. Immigration and Customs Enforcement (ICE) regarding civil immigration detainers but permits collaboration in criminal cases. The federal government seeks to challenge this, arguing that cities cannot interfere with federal immigration enforcement.
In response, Boston’s legal team highlighted the dismissal of similar cases, referencing a recent ruling against Illinois, Chicago, and Cook County, where district courts found the federal government’s claims lacking. Boston’s motion emphasizes the importance of the Trust Act in enhancing public safety by ensuring that individuals, regardless of their immigration status, feel secure reporting crimes and accessing city services.
The motion further argues that the federal interpretation of the law is overly broad. The city claims that the INA merely allows local entities to participate in immigration enforcement but does not mandate it. By opting out, Boston is exercising its rights under the Tenth Amendment, which protects state authority.
Attorney General Pam Bondi has previously criticized Boston’s policies, labeling the city as one of the “worst sanctuary offenders in America.” Bondi’s statements have sparked significant debate over the effectiveness and legality of sanctuary city policies. The city’s legal documents counter that the Trust Act does not discriminate against federal actions and is a neutral policy regulating only local activities.
Boston’s motion also seeks to remove Mayor Wu, Commissioner Cox, and the Boston Police Department from the lawsuit, arguing that they were improperly named as defendants. The city requests that the court dismiss the complaint with prejudice, meaning it cannot be refiled.
As the legal battle unfolds, Boston remains steadfast in defending its sanctuary policy, which it believes plays a crucial role in fostering a safe and inclusive community. The outcome of this case could have significant implications for sanctuary cities across the United States, as similar policies face increased scrutiny from federal authorities.
