Top safety official urges response to 2017 SJC immigration detainer ruling
Apr 01, 2025
BOSTON (SHNS) - The state's top public safety official advised lawmakers and Gov. Maura Healey to take a closer look at a pivotal Supreme Judicial Court decision as officials grapple with how to respond to the Trump administration's immigration policies.
The SJC's 2017 Lunn decision, which creat
ed guardrails for how Massachusetts and federal law enforcement can work together, is a "significant issue," said Secretary of Public Safety and Security Terrence Reidy.
"And we have spoken to federal authorities, and they recognize that that's an issue relative to criminals," Reidy said during a Friday budget hearing in Clinton. "And again, the governor, and the Senate, and the House are going to have to discuss this. I know there are some bills that have been proposed."
Reidy, in response to questions from Rep. Todd Smola, emphasized that his answer was focused on individuals who are in the state's criminal justice system -- and not those embroiled in civil immigration matters.
"It's having a discussion, and a debate, and a decision of what the Legislature and the governor can do relative to Lunn. It's what the SJC asked when they decided that case," Reidy continued. "But that would be my focus, representative, is that decision, which could potentially alleviate some of the stressor and pressure that seems to be building between not just Massachusetts and the federal government, but a lot of states. But we're the ones that have that Lunn decision. "
The Lunn ruling, which drew a response at the time from former Gov. Charlie Baker, found that Massachusetts state law "provides no authority for Massachusetts court officers to arrest and hold an individual solely on the basis of a Federal civil immigration detainer, beyond the time that the individual would otherwise be entitled to be released from State custody.”
Reidy's testimony comes as Trump border czar Tom Homan sharpens his focus on Massachusetts, which he visited this month as federal law enforcement agents arrested 370 people here. Homan called those individuals "illegal aliens," describing the majority of them as "significant criminals."
Gov. Maura Healey said in a TV interview that aired Sunday that she is "very comfortable removing violent offenders from the streets, including those who should not be here, who are here unlawfully." But she also suggested the state's laws where immigration and public safety overlap are sufficient.
The governor reiterated that "we are not a sanctuary state" and made clear that she does not see it as her role to get involved in efforts to reshape state law in response to a court ruling that effectively limits cooperation between state officials and federal immigration authorities.
"We have a law in place that's similar to many laws in place around this country, and it basically says, 'Look, state law enforcement, you work on crimes, you work on criminal investigations.' We regularly do investigations with local and federal authorities," Healey said.
Public outcry over Trump's immigration tactics escalated last week after masked federal agents arrested a Tufts University doctoral student Rümeysa Öztürk, who's from Turkey.
Smola, a Warren Republican, did not directly invoke Öztürk, but he broadly acknowledged the "highly politically charged issue" and new approach from the federal administration "relative to migrants and to going after individuals when they're classified as serious criminals." He pressed Reidy whether "there is something that the commonwealth can or should be doing that would help this process the way it is unfolding now."
Reidy told Smola he sees "some value in the sense of what ICE has spoken about, of not wanting to go into the communities." Still, Reidy cautioned his answer "could change in a heartbeat" depending on shifting federal policy, as the secretary attempted to explain current strategy at U.S. Immigration and Customs Enforcement.
"What their focus is, is that if individuals who have detainers and have paperwork to be removed from the country, if they don't have to go into neighborhoods and into homes to apprehend those individuals, and they can get them -- whether it's at the police station, the house of correction or the DOC -- it's safer for everyone," Reidy said. "But it's the Lunn decision. I'm not minimizing anyone's perspective on it. We need to have a discussion and a debate on what to do, if anything, on that particular SJC case."
Rep. Steven Owens, who said Öztürk's arrest happened blocks away from his district, asked Reidy whether any state dollars were used in "that operation" -- and whether any state dollars recommended in Healey's fiscal 2026 budget could back "similar operations." The secretary said there wasn't any state involvement in the arrest, including from Massachusetts State Police.
"There is no funding in the governor's budget proposal to allow state law enforcement, first responders to go against the law," Reidy said. "In Massachusetts, they're precluded from acting, whether it's ICE detainers or whatever that action was in Medford. They are not allowed to do that."
After speaking at a Charles River Chamber event on Monday morning, Healey responded to a reporter's question about Öztürk's arrest, calling it "very concerning" and "deeply disturbing," saying "we need answers from the Trump administration."
Healey last week wouldn't give a specific comment on the arrest, saying she needed more information.
"Public safety and due process are not mutually exclusive," she said Monday. "Donald Trump said that he was going to target criminals, get them off the streets. I'm all for that. But, increasingly, what we're seeing is not that."
Healey said that Öztürk had a valid visa and was not aware that it had been revoked, and had been taken out of Massachusetts by federal officials.
"The Department of Homeland Security needs to provide information," Healey said. "We know nothing about the circumstances here. It appears that she's been targeted not because of crimes she committed, because she hadn't committed any crime, but she's been targeted because of what is free speech, and something that she signed onto in a student newspaper. So that is deeply concerning, deeply disturbing. We need answers." ...read more read less