Lawmakers urge Healey to prepare for possible state prosecutions of federal officials

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A group of state senators called on Gov. Maura Healey to create a “rapid response task force” that would respond to allegations of federal abuse.

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Twenty-three state senators sent a letter to Massachusetts officials Friday urging them to take steps to prepare for potential state prosecutions of federal officials. 

The letter is a direct response to the Trump administration’s ongoing crackdown in Minnesota, where two U.S. citizens were shot and killed by federal agents last month. There have been rampant reports on social media and in traditional news outlets about federal agents seemingly using excessive force, racially profiling residents, and conducting arrests without the proper warrants. 

In their letter to Gov. Maura Healey and Attorney General Andrea Campbell, the senators reference reporting about numerous ICE shootings in recent months and the 32 people who died in ICE custody last year. They refer to “plenty of evidence” of property destruction and the indiscriminate use of pepper spray and non-lethal munitions. 

The lawmakers allege that ICE is violating the rights of free speech, peaceful assembly, and protection against unreasonable searches and seizures. 

“We all know that the federal administration and Congress will not rein in these federal abuses. As a result, state prosecution of federal officials who abuse their federal authority is the only viable mechanism for accountability,” the senators wrote. 

They proposed three concrete actions. First, they pushed the Healey administration to create a “rapid response task force” meant to respond to allegations of federal abuse. The task force would help coordinate federal, state, and local law enforcement agencies, secure crime scenes, and obtain witness testimony. It would also, when appropriate, seek federal court orders to preserve evidence obtained by federal officials. 

Second, they proposed that Campbell issue guidance to local police chiefs and district attorneys. This would concern their “authority and responsibility” to collect evidence of federal misconduct and secure crime scenes. Prosecuting attorneys should receive guidance on the legal and evidentiary standards that would be needed to prosecute a federal official, they said. The lawmakers cited recent guidance issued by California officials as a blueprint. 

Third, the senators said that the state should create an online portal for residents to file written complaints and upload evidence of alleged federal misconduct. 

Campbell recently launched a new online portal where residents can “archive stories detailing how they’ve been affected by the actions of the federal administration.” 

There are ways for state-level authorities to prosecute federal officials but doing so would likely be extremely difficult. 

“Without a doubt, state prosecution of federal officials who abuse their authority faces a narrow legal path. Still, with sufficient evidence and will, a state may bring a prosecution against federal officials who violate state criminal law while acting in a manner that is not necessary and proper in the performance of their official federal duties,” the senators wrote. 

The letter came a day after Healey unveiled new actions meant to restrict how ICE operates in Massachusetts. She filed legislation that would bar ICE officers from operating in schools, places of worship, and hospitals. It would make it unlawful for the National Guard of another state to be deployed to Massachusetts without the governor’s permission. 

Healey signed an executive order that prohibits the state from entering into agreements that allow the federal government to deputize local authorities for the purposes of immigration enforcement. The order also prevents ICE from using state property as staging grounds and from making civil arrests in non-public areas of state buildings.

“Over the past year, Governor Healey has led a strong and coordinated response to President Trump’s attacks on our immigrant communities, on public safety, and on the rights and freedoms of every Massachusetts resident,” a spokesperson for Healey said in a statement responding to the letter. 

The spokesperson highlighted the actions Healey took last week. They said that the state has trained thousands of residents on their constitutional rights, issued guidance for schools and employers, and supported Campbell’s litigation against the Trump administration.  

“Governor Healey will continue to work closely with community organizations and law enforcement to protect the people of Massachusetts from ICE’s abuses,” the spokesperson said. 

Campbell responded in a statement, saying she shares the “deep concern” about ICE enforcement in Massachusetts communities.

“My office has been actively preparing and responding – through litigation against the federal administration, guidance on people’s fundamental rights, convenings with our Immigrant Advisory Council convenings, coordination with state and local partners, and expanded tools for reporting harms experienced by our residents. We are prepared, in partnership with local authorities, to review allegations of criminal conduct in Massachusetts,” Campbell said.

Sen. Mike Moore, a Millbury Democrat, led the effort. He issued lengthy statements on social media about the letter, saying that it does not represent partisanship and that it was “written in support of local police, in support of the rule of law, and in defense of Americans’ God-given rights under the US Constitution.”

Moore called the proposals “simple, common-sense policies” that are “entirely separate” from those recently announced by Healey. 

“The US Constitution does not just apply sometimes — it applies every hour of every day for every person on United States land,” Moore wrote. “If you are willing to start cutting holes in the Constitution because you think those holes don’t apply to you, just wait until they do.”