美國司法部5/27起訴麻州 Healey州長5/28發佈因應 ICE 安全指引

 （Boston Orange編譯）麻州州長奚莉（Maura Healey）28日發佈官方安全指引，規範麻州教育、醫療及宗教等機構和聯邦移民執法人員的互動方式，藉以反制美國司法部（DOJ）因車牌爭議起訴麻州，成為地方政府對抗聯邦移民暨海關執法局（ICE）的首個指標性行動。

根據麻州車輛管理局（RMV）的制度機制，機密車牌僅限主要從事刑事調查並提出合規需求的機構申請，如聯邦調查局（FBI）或緝毒局（DEA），主要從事民事執法的聯邦或地方機構（如稅務部門），或ICE人員則一律不具資格，此規則一視同仁。

美國司法部於5月27日正式向聯邦地方法院，控訴麻州，華盛頓州，奧勒岡州和緬因州。

在起訴書中，DOJ指麻州政府今年起拒絕向聯邦國土安全部（DHS）旗下機構，包含聯邦移民暨海關執法局（ICE）以及美國海關及邊境保衛局（CBP）發放「機密（臥底）車牌」，此舉已嚴重違反「憲法最高條款」，構成行政歧視，危害探員與公眾安全。

DOJ要求法院判處麻州政策違憲，並下達禁制令，規定麻州必須恢復和發這類秘密牌照。

訴訟案的核心爭議是聯邦移民暨海關執法局（ICE）的民事執法手段。奚莉州長強硬指責ICE採取不透明且缺乏問責策略的方法執行任務，在拒絕透露逮捕對象與動機的情況下，試圖利用地方資源秘密執法，嚴重破壞公眾信任。

麻州政府和聯邦政府在移民執法權限議題上長期拉鋸。麻州政府這次發佈安全指引，是為確保麻州居民在聯邦加強執法的環境下，仍能安全、不受干擾地使用地方基本公共服務與空間。

Statement from Governor Maura Healey on Department of Justice Lawsuit Regarding Confidential Plates for ICE 

 

BOSTON - Governor Maura Healey today released the following statement in response to the Department of Justice lawsuit challenging Massachusetts’ policy regarding confidential license plates: 

 

“In Massachusetts, we support law enforcement doing legitimate criminal investigative work, and local, state, and federal agencies doing that work can request confidential plates. But that’s not what we are seeing from ICE and its unconstitutional tactics. We are not going to use state resources to help ICE operate in secret, and without accountability, while refusing to provide basic information about who they are arresting and why. That makes our communities less safe, undermines public trust, and will not be allowed in this state.” 

 

Under RMV policy, all federal, state, and local law enforcement agencies primarily engaging in criminal investigative work, including the FBI, DEA and ATF, may obtain confidential license plates for vehicles used for criminal law enforcement purposes, so long as they identify a qualifying need. But agencies that primarily engage in civil enforcement activity are not eligible, and that policy applies equally to federal, state, and local agencies. For example, both the Massachusetts Department of Revenue and the Internal Revenue Service are ineligible for confidential plates under the policy. 

 

This morning, Governor Healey issued statewide guidance for schools, child care providers, higher education campuses, health care facilities and places of worship on interacting with ICE and federal immigration enforcement in order to help ensure Massachusetts residents can continue safely accessing essential services and public spaces. 

Governor Healey Issues Statewide Guidance for Schools, Child Care Providers, Higher Ed Campuses, Health Care Facilities and Places of Worship on Interacting with ICE 

 

Governor also issues public guidance on warrantless arrests and use of state property 

 

BOSTON – Governor Maura Healey today announced new statewide guidance for schools, child care providers, higher education campuses, health care facilities and places of worship regarding interactions with U.S. Immigration and Customs Enforcement (ICE) agents. The guidance is intended to help organizations across Massachusetts protect access to essential services understand their rights and responsibilities and prepare staff to respond appropriately if federal immigration officers arrive on site.   

 

The guidance was required under the Executive Order that Governor Healey signed earlier this year, which also prohibited new 287(g) agreements, prohibited ICE from making civil arrests in non-public areas of state facilities, and prohibited the use of state property for immigration enforcement staging. 

 

Today’s rollout includes operational guidance for schools, child care providers, colleges and universities, hospitals and health care providers, and places of worship, along with public-facing guidance clarifying that federal immigration officers may not conduct warrantless civil immigration arrests in nonpublic areas of state executive branch facilities and may not use state property to stage or conduct civil immigration enforcement operations.  

 

The guidance also clarifies that administrative warrants issued by ICE or the Department of Homeland Security do not authorize entry into nonpublic spaces. Providers and organizations are encouraged to establish clear escalation procedures, identify public and nonpublic areas, protect confidential information and train staff on how to respond appropriately to interactions with federal immigration officers. 

 

“People in Massachusetts should be able to live their lives — go to school, drop their kids off at child care, see a doctor — without fear. That is fundamental,” said Governor Maura Healey. “We are setting clear expectations so providers know how to respond, how to protect their communities, and how to keep their doors open to everyone who needs care and support.” 

 

“Providers across Massachusetts are showing up every day for children, families and patients,” said Lieutenant Governor Kim Driscoll. “This guidance gives them the tools to do that while keeping services running and protecting the people in their care.” 

 

The guidance outlines clear steps child care providers, K-12 schools, public and private colleges and universities, and health care facilities and places of worship can take to respond if federal immigration officers arrive on site. The guidance outlines clear recommendations organizations can follow if federal immigration officers arrive on site, including routing interactions through designated administrators or trained staff, requiring legal review of warrants or requests for access, documenting interactions and conducting Know Your Rights trainings for staff and communities. The guidance released today includes recommendations for: 

 

Schools, child care providers and higher education institutions:  

• Routing interactions with federal immigration officers through designated administrators or trained staff 
• Requiring legal review of warrants or requests for access before taking action 
• Declining access to nonpublic areas, including classrooms, offices and dormitories, unless presented with a valid judicial warrant or judicial order 
• Protecting confidential student and family information unless disclosure is legally required 
• Documenting interactions and following internal reporting protocols 

 

Health care providers and facilities: 

• Prioritizing patient care above all else 
• Protecting confidential health information and ensuring private communication between patients and providers  
• Establishing internal reporting and escalation pathways  
• Documenting any interactions that could affect the delivery of care 

 

Places of worship:  

• Designating a primary point of contact for interactions with federal immigration officers 
• Requiring a valid judicial warrant or court order before allowing entry into nonpublic areas, including offices, classrooms, nurseries and other restricted spaces 

• Clearly identifying and marking public and nonpublic areas, including posting signage and defining any restrictions on access to buildings, parking areas or events  
• Developing written policies and visitor protocols 
• Refraining from sharing personal information about congregants, staff or volunteers unless legally required  
• Documenting any interactions with federal immigration officers and following internal reporting protocols  
• Ensuring staff, volunteers and congregants understand their rights, including the right to remain silent, consult an attorney and document enforcement activity from a safe distance  
•  Conducting Know Your Rights trainings and educating congregants about available legal resources 

 

Governor Healey and Attorney General Andrea Joy Campbell previously reminded Massachusetts students and faculty that ICE does not have a right to enter non-public campus facilities, including dormitories, without a valid judicial warrant or judicial order.  Public-facing guidance for state facilities and state property: 
 

• Clarifying that federal immigration officers may not enter nonpublic areas of state facilities without a valid judicial warrant or judicial order 
• Clarifying that administrative warrants issued by federal agencies do not authorize entry into nonpublic spaces 
• Prohibiting warrantless civil immigration arrests in private areas of state facilities 
• Prohibiting the use of state property to stage or conduct civil immigration enforcement operations 

 

The administration is working with the Executive Office of Education (EOE) and the Executive Office of Health and Human Services (HHS) to support outreach and implementation of this guidance, including sharing best practices and providing resources to providers across the state. 

 

“As a former superintendent, I have witnessed firsthand how ICE’s reckless and inhumane tactics have instilled fear in our communities and impacted learning,” said Secretary of Education Steve Zrike. “In Massachusetts, we want every student to feel safe and not be afraid to go to child care, school or campus. I am grateful to education leaders across the state who have stepped up to support students and families through empathy and compassion. Today’s guidance strengthens our commitment to seeing that everyone has equal access to education.” 

 

“In Massachusetts, we’re protecting every community member’s access to health care,” said Health and Human Services Secretary Kiame Mahaniah, MD, MBA. “People should never have to choose between their health and their safety, and deferred medical care because of immigration-related fears will only put greater strain on our health system down the line. This guidance provides assurance that residents across our state can continue to access health care and live healthy, full lives.” 

 

This guidance builds on a series of actions that Governor Healey has taken this year to protect Massachusetts residents from abuses by ICE. Alongside the Executive Order, Governor Healey filed legislation to keep ICE out of courthouses, schools, child care programs, hospitals and churches; make it unlawful for another state to deploy its National Guard in Massachusetts without the Governor’s permission; and allow parents to pre-arrange guardianship for their children in case they are detained or deported. 

 

“All children deserve to feel safe, supported, and able to learn and grow in their early education and child care settings,” said Early Education and Care Commissioner Amy Kershaw. “The Administration’s updated guidance on interactions with ICE provides important clarity and reinforces existing legal protections for educators, children and families and reflects our commitment to enabling them to feel secure in the places where they live, learn, and work.” 

 

"Students have a right to be in school, and we want our educators and school leaders to be clear about what steps to take if immigration enforcement shows up at their door," said Elementary and Secondary Education Commissioner Pedro Martinez. "Today's guidance reinforces the information we have previously shared with schools and reflects the state's support for students and educators." 

 

“We want students to feel supported on our campuses so they can engage in all the opportunities that higher education offers,” Commissioner of Higher Education Noe Ortega. “This guidance highlights crucial practices and protocols that are valuable as institutions work continuously to protect students’ rights.”  

 

Governor Healey recently launched an online portal with Attorney General Campbell that allows Massachusetts residents to report alleged misconduct by ICE, opposed ICE flights at Hanscom Airport, called for an extension of Temporary Protected Status for Haitians and other immigrants, and opposed new ICE Detention Centers in New England. The Healey-Driscoll Administration has also connected thousands of immigrants with legal services and provided robust multilingual resources for communities and employers.