Today, the Boston Bar Association (BBA) sent
a letter to Justice Elspeth B. Cypher of the Massachusetts Supreme Judicial
Court (SJC), requesting a full-bench review of a petition asking the Court to
ban U.S. Immigration & Customs Enforcement (ICE) officials from making civil
arrests in and around Massachusetts courthouses.
On March 15, the
Committee for Public Counsel Services (CPCS), Greater Boston Legal Services
(GBLS) and the Lawyers’ Committee for Civil Rights and Economic Justice filed
the petition In the Matter of C. Doe & Others (SJ-2018-0119), in response to
the increasing reports of ICE arrests of individuals at, or traveling to and
from, court for official matters. The Petitioners, a juvenile defendant with a
crucial noncitizen witness and seven noncitizen individuals who are afraid to
attend court, ask for the matter to be reserved and reported to the full bench
of the SJC in order to obtain a writ of protection from civil arrest (including
by federal immigration agents) for all those similarly situated.
The BBA
letter, though not yet weighing in on the arguments of the case at this point,
highlights the fundamental concerns implicated and supports the Petitioners’
request that Justice Cypher, as the Single Justice assigned to the case, reserve
and report it for full bench review.
“For the past year, the BBA has been
monitoring, with increasing concern, reports that the U.S. Department of
Homeland Security (“DHS”), acting through ICE, is using courthouses in the
Commonwealth to effect civil immigration arrests,” the letter reads. “Such
actions by ICE may significantly impair the ability of the Commonwealth to
ensure access to our courts and fair administration of justice for all our
residents.”
As an association of attorneys, facilitating access to
justice and ensuring the fair administration of justice is a core element of the
BBA’s mission. For decades, we have advocated
for these principles, producing reports that make the case for increasing
the availability of legal assistance for unrepresented parties and, each year,
calling for adequate funding for the judiciary, in recognition that the health
of the Commonwealth depends on a well-functioning, fair, and accessible court
system.
“Given the BBA’s long tradition of
working to expand and protect access to justice and the fair administration of
justice, and the gravity of the issues at hand here, we believe it is important
for this petition be reserved and reported to the full SJC bench,” BBA President
Mark Smith said.
To learn more about this matter and the BBA's statement, please click
here.