Massachusetts Governor Healey files legislation to keep ICE out of certain areas, signs executive order banning ICE from making civil arrests in certain locations

BOSTON – Governor Maura Healey today 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. 

Governor Healey also signed an Executive Order prohibiting the state from entering into any new 287(g) agreements unless there is a public safety need, prohibiting ICE from making civil arrests in non-public areas of state facilities, and prohibiting the use of state property for immigration enforcement staging. 

“In Massachusetts and across the country, we continue to see unlawful and unconstitutional actions by ICE that are meant to intimidate and instill fear in our communities, including against United States citizens who are exercising their constitutional rights,” said Governor Healey. “This puts people at risk and in harm’s way, and I find it necessary in the interest of public safety to take this action today.” 

Governor Healey’s Office has released the following:

“For decades, the Department of Homeland Security maintained a “protected areas” policy requiring ICE to refrain from immigration enforcement actions in sensitive locations, including hospitals, houses of worship, courts, and school programs. This policy allowed all community members to access basic support and services without fear, and protected public safety by encouraging all people to seek necessary medical care and testify in court when necessary, whether as a victim, witness, or party. On January 20, 2025, the Trump Administration rescinded the protected areas policy, replacing it with a directive giving ICE agents unbridled power to take enforcement actions in medical facilities, houses of worship, courts, schools and child care programs. Governor Healey’s legislation would restore the longstanding protections against arrests by ICE agents in these essential spaces where families, children, and vulnerable people should feel safe.”

Courthouses 

“ICE’s presence at courthouses creates confusion and chaos and is deterring witnesses, victims and litigants from coming to court. It has resulted in the dismissal of charges and release of defendants. Governor Healey’s legislation would ban warrantless civil arrests by ICE agents inside of courthouses to protect access to justice and ensure that anyone who walks through the courthouse doors to seek relief, protection, or to defend themselves should feel safe doing so.” 

Schools and Child Care Programs 

“School enrollment has declined dramatically, particularly in districts with high populations of immigrant students, across the state this school year, with record declines of over 5 percent in Chelsea and Everett. The Trump Administration’s decision to revoke the protected areas policy has allowed ICE agents to target schools and child care programs. As a result, some families have been fearful of sending their children to school or participating in sports or school events, like graduation ceremonies. In addition, with national reporting of child care workers being followed into child care programs and detained by ICE, parents are increasingly reluctant to use necessary child care services so that they can go to work and continue to provide for their families.”    

“Governor Healey’s legislation would prohibit elementary, middle and high schools, as well as licensed child care programs and after school programs, from allowing an ICE or immigration agent to enter the premises without a judicial warrant. Schools, child care programs, and after school programs will also be required to adopt and implement their own policies on how to interact with or respond to requests from ICE agents, in line with guidance issued by the Healey-Driscoll Administration and Attorney General Andrea Campbell.” 

Hospitals and Medical Facilities 

“Health care providers have been reporting that more immigrant families are skipping medical appointments, delaying care or canceling their health insurance because they fear being detained by ICE. Hospitals also used to fall under the protected areas policy until it was revoked by President Trump. Governor Healey’s legislation would prohibit hospitals, community health centers, nursing homes, and substance use disorder programs from granting ICE access to nonpublic areas without a judicial warrant. These facilities will also be required to issue policies on how their staff and volunteers should interact with or respond to requests from ICE. In Massachusetts, no one should have to hesitate to seek essential or life-saving medical treatment because they fear detention, deportation or being separated from their families.”

Churches and Houses of Worship 

“The Trump Administration’s cancellation of the protected areas policy has deterred many immigrants from attending religious services, as reported by religious organizations across the country. Governor Healey’s legislation would codify a statutory privilege against civil arrest for individuals within places of worship while attending services, protecting the First Amendment right of free exercise of religion.”  

National Guard 

“President Trump has been sending National Guard troops from other states into cities like Chicago and Los Angeles against the wishes of state and local officials. These deployments have drained resources, taken members of the Guard away from their day jobs, and have not made anyone safer. Governor Healey is the Commander of the Massachusetts National Guard, and her legislation would make it unlawful for a military force under the control of another state’s Governor to enter Massachusetts without her permission.”

Guardianship 

“Governor Healey’s legislation would also allow parents to pre-arrange guardianship for their children in the event that they are detained or deported by ICE, ensuring that their child will be transitioned to a trusted caretaker. Parents will be able to designate an adult to be on standby to automatically assume temporary guardianship of their child, without losing their legal or parental rights.” 

Other Provisions 

“Governor Healey filed these provisions in “An Act Making Appropriations for Fiscal Year 2026 to Provide for Supplementing Certain Existing Appropriations and for Responding to Recent Federal Actions.” The supplemental budget proposes $411.3 million in time-sensitive appropriations for deficiencies.” 

“In addition to the supplemental appropriations, the legislation proposes veterans benefits access reforms to ensure eligible veterans are able to obtain state benefits even if they are denied federal benefits, indemnification provisions to protect public employees acting within the scope of their duties in connection with federal investigations, and technical and privacy-related amendments affecting higher education access and student records. The legislation also includes an important time-sensitive proposal that allows for the Joint Hazard Incident Response Team to proactively work together and coordinate for large scale events, such as the World Cup or Tall Ships. Finally, the legislation includes several collective bargaining agreement ratifications.”  

Executive Order 

“Governor Healey’s Executive Order prohibits any office or agency in the Executive Department from executing any new agreement under section 287(g) of the federal Immigration and Nationality Act, or any similar agreements, unless there is a specific and certified public safety risk or need.”    

“The Executive Order also prohibits civil arrests by federal immigration officers in nonpublic areas of state facilities, except when authorized by a judicial warrant or judicial order. Staff will be made aware of this requirement and trained on interacting with federal immigration officers.” 

“The Executive Order also prohibits state facilities, and other property owned or controlled by the Executive Department, from being used by federal immigration officers as a staging area, processing location, or operations base for civil immigration enforcement efforts. ” 

“Additionally, the Executive Order directs the Executive Office of Education and the Executive Office of Health and Human Services to support public and private entities in developing policies and guidance on interacting with ICE.”