Massachusetts State Representative Manny Cruz proposed the Safe Communities Act in 2023 in response to the immigration enforcement priorities of the Obama, Trump and Biden administrations. State Representative Ruth Balser, in addition to State Senators Jamie Eldridge and Liz Miranda, joined Cruz in co-sponsoring the bill.
The Safe Communities Act is “…aimed at protecting the civil rights and dignity of all of our residents, including those who have different statuses with respect to their immigration status,” according to Rep. Cruz.
Rep. Cruz said this bill will decouple efforts by state and federal law enforcement personnel to enforce federal immigration law in Massachusetts.
“It would ensure that no law officer in the Commonwealth who already doesn’t have the statutory authority to enforce federal immigration law is engaging in their day to day duties, asking folks for their immigration status, you know their countries of origin. None of those facts are pertinent to state and local laws that these officers are sworn to.”
The Safe Communities Act also includes the detainment of immigrants for minor offenses like civil fraud, traffic violations and petty theft. These requests are not relevant to state and local laws which law enforcement has sworn to uphold, according to Cruz. For example, police asking for one’s immigration status while investigating a minor offense is not necessary. The Safe Communities Act doesn’t include provisions for detention.
Rep. Cruz and other state officials are also tackling the 287(g) amendment of the Immigration and Nationality Act to ensure it is not enacted in Massachusetts.
The 287(g) program would “… create an unfunded mandate for our local police departments to be co-opted by the federal government to engage in immigration enforcement….” according to Cruz.
U.S. Immigration and Customs Enforcement confirms Cruz’s idea of what Section 287(g) would do, which is to allow ICE Enforcement and Removal Operations to partner with state and local agencies to identify and remove immigrants who are noncitizens.
Additionally, the bill includes provisions aimed to ensure every person regardless of their immigration status is informed of their rights.
An example of the real life consequences of Section 287(g) can be seen in Texas where state law now allows officers to arrest migrants if they are suspected of illegally crossing the border. The keyword here is “suspect”, which makes this law even more egregious, as police officers may make the wrong judgment call and detain innocent people based on the color of their skin, or even dialect.
This is a form of racism and prejudice that immigrants in Texas will have to endure for the foreseeable future, which may ultimately lead to violence.
It’s developments like this that have caused immigrants in Salem, Mass., to become fearful. However, the city of Salem has also adopted a Sanctuary for Peace Ordinance to ease those fears.
Cruz, who represents Salem, says temporary protected status is a federal issue and blames the federal government for not finding possible solutions to this particular issue, “… with respect to those who may not have documentation for a variety of reasons [and]… comprehensive reform.”
This is a federal issue because of the numerous instances of mistreatment towards immigrants by ICE in states such as Texas, Michigan, Georgia and Pennsylvania, according to NPR.
Traffic violations by non-citizens can also potentially lead to deportation, according to J. Sparks Law, PLLC. What if the destinations for deportees are dangerous? This question is relevant to the fear immigrants in Salem harbor.
Rep. Cruz wants immigrants to be able to live without fear of the federal government deporting them.
“It does not sit well with me… the federal government has set up mechanisms to co-opt our local and state law enforcement resources. Those budgets are stretched thin as it is…” he said.
According to Rep. Cruz, law enforcement needs to build trust within communities, in terms of possible deportation when interacting with immigrants for traffic violations and other minor offenses such as petty and civil fraud. This is important because immigrants and nonimmigrants can help our communities become safer by reporting crimes they witness.
Feb. 7 is the deadline for the Safe Communities Act out of 30 other bills to be voted on by the Joint Committee on Public Safety and Homeland Security of the Massachusetts state legislature. This process is called Joint Rule 10 according to Cruz and Mass Legal Services.
The Safe Communities Act can be found on Rep. Cruz’s website. Here are some of the bills Rep. Cruz supports:
- Work and Family Mobility Act of 2023 under which undocumented residents could get their driver’s license.
- A change in state law that allows student representatives to be full voting members of the school committee and eligible for compensation in the form of scholarships.
- The protection and strengthening of birth centers to enhance maternal health in Massachusetts.
Analysis
How do people get their news? Many are informed by social media and major news outlets like ABC, CNN and Fox News. There have been many incidents of strict immigration policies that have affected those groups of people in the past, reported by the media, so it is natural to be concerned it will happen again.
Yes, Salem, and even Massachusetts, is more liberal compared to Texas and many of its jurisdictions, so it is less likely for strict policies to be placed on the migrant community. Immigrants in America feel the same nervousness black people do about law enforcement due to a long history of police brutality. It’s the same feeling women must have had about abortion rights after Roe v. Wade was overturned in 2022.
This is why state representatives like Manny Cruz, who is of Latino descent, are much needed to help maintain our values to ensure everyone, including minorities, feel safe in their respective communities. He can relate to people who are not a part of the majority, in terms of race, and should be applauded for diversifying and bringing a fresh perspective to the Massachusetts state legislature.
Featured image: Photo by Nitish Meena on Unsplash
Edited by: James Sutton
Editor’s note: The fifth paragraph of this article has been edited since its original publication.
