Senator files legislation that places limitations on arrests, detention, or custody actions within Massachusetts courthouses due to increased ICE activity

Boston, MA – On Tuesday, a Massachusetts Senator filed legislation that she says is “reaffirming a fundamental promise of our democracy: that everyone has fair and safe access to the courts. At a time when increased immigration enforcement activity has created fear around courthouses, the legislation ensures that all residents can participate in legal proceedings, assert their rights, and seek justice without intimidation or obstruction.”

“An Act protecting access to justice” (SD 3607), filed by Senator Lydia Edwards, establishes clear limitations on arrests, detention, or custody actions within Massachusetts courthouses.

“The proposal is rooted in a simple principle: courthouses must remain safe spaces where justice is practiced without fear. Increased ICE activity in and around courthouses has not only undermined the sense of safety within these buildings, but also has had a chilling effect on access to the courts – stripping residents of their ability to fully exercise their right to due process. As a result, justice itself is being disrupted. Witnesses are afraid to testify, individuals are avoiding regularly scheduled hearings, and in some cases, prosecutors have been unable to complete trials. When people cannot safely access the courts, the entire justice system suffers.”

The legislation:
● Requires any law enforcement agent entering a courthouse to identify themselves to court
personnel and state their enforcement purpose
● Mandates judicial warrants or judicial approval for any civil arrest.
● Bans face coverings that obscure identity in the courthouse, unless medically necessary

Similar courthouse-protection laws have been enacted in states including Rhode Island, Connecticut and New York.

“Courthouses exist so people can seek justice – not to be places of fear or enforcement ambush,” said Senator Edwards. “When individuals are too afraid to show up to court, justice breaks down for everyone. This legislation is about defending the rule of law, safeguarding due process, and ensuring our courts remain places where fairness and equal access are upheld for all.”