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Trump administration appeals judge's ruling to dismiss Boston sanctuary lawsuit

Gayla Cawley, Boston Herald on

Published in News & Features

BOSTON — The Trump administration has appealed a federal judge’s ruling to dismiss a Department of Justice lawsuit challenging the City of Boston’s sanctuary protections for illegal immigrants.

President Donald Trump’s DOJ filed an appeal to a May 28 order from U.S. District Court Judge Leo T. Sorokin that granted the city’s motion to dismiss the case filed by the feds last September.

The filing appeals the case to the U.S. Court of Appeals for the First Circuit.

The feds didn’t state a reason for the appeal, but have argued in the lawsuit that the city’s sanctuary protections unconstitutionally obstruct the federal government from enforcing immigration laws.

At issue in the case was the Boston Trust Act, which prohibits Boston Police and other city departments from cooperating with ICE on civil immigration detainers.

The law, enacted in 2014 and then amended in 2019, allows for cooperation in criminal matters like human trafficking, child exploitation, drug and weapons trafficking, and cybercrimes.

 

The ruling from Sorokin, who was appointed to his position by former President Barack Obama, dismissed all claims against Mayor Michelle Wu, Police Commissioner Michael Cox and the Boston Police Department.

Sorokin ruled that the federal government’s case lacked standing to proceed.

“In Massachusetts, there is simply no authority empowering Boston police officers to do what the United States would like them to do,” Sorokin wrote. “An order enjoining the Boston Trust Act would not liberate the city to empower its officers to take actions state law does not authorize, nor give Boston police officers the individual choice to honor ICE detainers.”

Sorokin said that while the federal government could not seek the relief it seeks through the U.S. District Court, it could conceivably seek recourse through a challenge to state law precedent through the Massachusetts Supreme Judicial Court.

He said the feds could also seek passage of a new statute from the state Legislature “authorizing Massachusetts law enforcement officers to arrest people pursuant to federal immigration detainers.”


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