Massachusetts governor files law to prevent National Guard entry absent governor’s permission News
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Massachusetts governor files law to prevent National Guard entry absent governor’s permission

Massachusetts Governor Maura Healey on Thursday filed legislation that would make it unlawful for another state to deploy its National Guard in Massachusetts without her permission. Among the laws introduced, one would keep Immigration and Customs Enforcement (ICE) out of local schools, houses of worship, hospitals, and courthouses.

The proposed legislation received many statements of support, one stating, “Our students, families, and educators continue to live in terror and trauma because of the cruel and often unlawful acts of federal ICE agents. We are grateful to the Healey-Driscoll Administration for standing up to the Trump Administration.”

In a press conference that occurred on Wednesday, Governor Healy condemned the perpetration of force by federal immigration officials and by the Trump administration more broadly:

To say what is happening right now with ICE in Massachusetts and across this country is wrong, and that it doesn’t make us safer, and that it needs to stop … What we have seen … are federal agents instigating, antagonizing, and yes, causing violence in communities. People have been killed, others have been shot. We’ve seen mothers and fathers ripped out of cars and from the arms of their children. United States citizens have been stopped, arrested, and detained, their homes broken into without a warrant.

The legislation still must be approved by the Massachusetts legislature to have a binding effect. While not certain, the laws may run into some possible constitutional issues, such as the Supremacy Clause and the preemption doctrine. States can limit their cooperation with federal officials, but cannot actively prevent them from enforcing federal law.

Moreover, Governor Healy signed an executive order that would prohibit Massachusetts from “entering into any new 287(g) agreements unless there is a public safety need,” prohibit “ICE from making civil arrests in non-public areas of state facilities,” and prohibit “the use of state property for immigration enforcement staging.” A 287(g) agreement essentially delegates federal immigration enforcement authority to state or local officers.