Attorney General Andrea Campbell issued guidance on Thursday for Massachusetts immigrants and their supporters on how to respond to federal immigration officials, as arrests have sharply increased in the state.
The guidance addresses questions her office has received about ICE’s jurisdiction, the rights of people being targeted, what bystanders are allowed to do, and whether local law enforcement can cooperate with federal officials.
It comes as Campbell has said there is little she or other local politicians can do to stop the ICE arrests taking place under the Trump administration.
“From arresting parents in front of their children to pulling people who present no public safety threat out of their cars in broad daylight, the aggressive ICE tactics we’re seeing across the Commonwealth do not protect the public, and instead spread fear,” Campbell said in a statement. “In releasing this guidance, I strongly encourage everyone to inform themselves of their rights when they see immigration officers in their communities.”
According to Campbell’s office, ICE may target those suspected of violating federal law, such as by overstaying a visa or entering the US without authorization, as well as those whose legal authorization has been revoked under Trump. The guide explains ICE “does not need to show that a crime was committed to arrest and detain a person who is subject to removal.”
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ICE also does not need a judicial warrant — one issued by a judge — to arrest someone and can do so with administrative warrants issued by ICE officers. In some cases, ICE agents are permitted to arrest those violating federal immigration laws without either type of warrant if they suspect the subject may flee before officials obtain one. Former ICE officials have told the Globe that officers often arrest detainees regardless of whether they actually believe they will flee or not.
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ICE, however, cannot enter private spaces such as homes or non-public areas of workplaces without a judicial warrant or voluntary consent from someone with authority over the space. If ICE seeks to enter someone’s home, occupants can ask to see the warrant before opening the door, check if it was signed by a judge, and deny entry if not.
The attorney general’s office emphasized anyone arrested has the right to remain silent and refuse to sign documents — though cautioned they should “never give false information or fake documents.”
Bystanders can help those being targeted by asking ICE agents questions, documenting arrests, and asking the person being detained questions, such as if they have a lawyer or family member to contact. Law enforcement officers need a judicial warrant to access a phone or other device seized from a bystander.
Anyone who obstructs ICE activity, such as by physically touching or blocking officers or hiding a person ICE is seeking to arrest, can face criminal prosecution.
“Bottom Line: Bystanders can watch. Bystanders can record. But bystanders legally cannot obstruct, impede, or assault an ICE agent," Campbell’s office warned.
Once arrested, people can be detained by ICE anywhere in the country. They might be allowed to request a bond hearing, depending on their immigration and criminal history, Campbell’s office said.
While an attorney can represent those in custody, detainees do not have the right to have one appointed. Only licensed attorneys or Department of Justice-approved representatives can represent someone in immigration court. Her office urged people to be aware of scams from “notarios” or “immigration consultants,” who falsely claim they can help.
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Federal officials cannot force local law enforcement agencies to help them carry out immigration enforcement, the guide says, though they can voluntarily do so if they comply with Massachusetts state and local laws. The Supreme Judicial Court ruled in 2017 that state and local officers don’t have the authority to arrest or detain someone just because ICE requests them to through a “civil detainer.”
Federal law broadly prohibits anyone, including the attorney general and other local politicians, from interfering with immigration enforcement. “When it comes to immigration enforcement, the scale is stacked against us,” Campbell told GBH’s Boston Public Radio last week.
But Campbell has previously issued guidance to Massachusetts service and health care providers and schools on how to respond to ICE and protect residents’ information, in the event officers try to obtain it. Officers in recent months have increasingly appeared at spaces once considered protected, such as near schools, courthouses, churches, and hospitals.
Representatives from her office also testified at a state Senate committee hearing Wednesday in favor of legislation that would enhance the state’s Shield Act. That legislation, while intended to protect those seeking abortions or gender-affirming care, could also prevent immigrants’ medical information from being shared with authorities, advocates say.
Campbell has also recently denounced immigration raids here, such as ones on Martha’s Vineyard and Nantucket Tuesday when authorities arrested about 40 people.
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“Public safety is not served by sweeping enforcement actions like these that lack transparency and fear,” Campbell wrote on X Wednesday. “The AG’s Office works every day to protect our communities in ways that are fair, just, and accountable to the people. ICE should be held to that same standard.”
Anjali Huynh can be reached at anjali.huynh@globe.com.