BOSTON — The state Senate is out to thwart ICE and even allow illegal immigrants to sue the federal agency.

It was part of the debate on its version of legislation that would prohibit agents from making civil immigration arrests in courthouses and on state-owned property, ban any new 287(g) agreements, among other things.

“Today, the Massachusetts Senate is taking action to protect immigrant families, defend constitutional rights, and stand up to the fear and cruelty being fueled by Donald Trump’s weaponization of federal immigration enforcement,” said Senate President Karen Spilka (D-Ashland) at a press conference announcing the opening of debate on the bill.

The Senate version of the PROTECT Act (S. 3072) is similar to its House counterpart. Still, it expands the list of state-owned property where ICE would be prohibited from carrying out civil immigration enforcement, going beyond state courthouses to include child care facilities, hospitals, public schools, and more.

The legislation would also ban state and local law enforcement from engaging in civil immigration enforcement; would “protect residents from direct actions by federal law enforcement,” that violate individual protections under the U.S. Constitution; and prohibit state and local law enforcement from “unnecessarily questioning” or stopping a person because of their citizenship or immigration status. They could also sue the arresting agents, the bill proposes.

“In January of 2025, many people in the country did not believe that this administration would target people who were legally documented, who had no criminal background, and who had done everything right. And yet, that is exactly who they came for,” added state Sen. Pavel Payano (1st Essex).

The Herald asked Spilka if she feels any ICE arrests are justified in Massachusetts, with several local news reports and releases from ICE Boston documenting violent illegal immigrants taken off the streets by the federal agency.

“That’s a pretty broad question, first of all. And again, Trump came in saying he was only going to arrest those with proven criminal records. Clearly, that’s not what has happened. As you have heard, over 75% of the kidnappings, arrests, whatever you want to call it, have been of people with absolutely no criminal background,” Spilka said.

The Herald then pointed out that being in the country illegally is in itself against the law, a civil violation, and calls for the federal government to enforce the law.

“I’m not going to get into debating you one-on-one here. I just answered you, okay? Thank you,” Spilka replied.

Spilka was also asked about the potential unintended consequences of banning ICE agents from making arrests in courthouses and other state property, specifically, whether she thinks this legislation would lead to the agency making arrests in public settings and potentially sparking dangerous situations seen in places like Minneapolis and elsewhere.

“We believe that we have done enough protection and done a good enough balance that that is very unlikely to happen. Again, the state can’t fully control ICE,” she said.

The House version (H. 5158) would ban ICE agents from making civil immigration arrests in Massachusetts courthouses unless supported by a warrant or court order. It would further ban ICE from using “state or local resources for the primary purpose of facilitating a federal civil immigration enforcement action.” The House bill also would ban the expansion of future 287(g) agreements with ICE and would also ban Massachusetts police officers from providing information to federal agents on someone’s immigration status or the date they are to be released from custody.

“The PROTECT Act is comprehensive legislation that defends the values enshrined in the Massachusetts Constitution, particularly equal protection under the law for all,” said Chair of the Senate Committee on Steering and Policy Cindy Friedman (D-Arlington). “This bill will increase protections for our residents, spells out plainly and clearly that Massachusetts law enforcement officers are not responsible for aiding civil immigration enforcement, and importantly, stands up for our immigrant community in the face of an adversarial federal government.”

Spilka says she expects the bill to pass the full Senate on Thursday, with a conference committee taking up the bill by next week.

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