Boston police commissioner says dept. does not enforce federal immigration law

• Boston Police Commissioner Michael Cox stated that the department does not enforce federal immigration law or civil detainers, as it follows state and local laws. Cox clarified the difference between criminal warrants and civil detainers, noting that his department enforces warrants.
• He also highlighted the importance of federal partnerships for city safety despite potential threats to federal funding.
• Recently, U.S. Attorney General Pam Bondi filed lawsuits against New York officials over immigration policies.

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Boston’s police commissioner says the department does not enforce civil detainers related to federal immigration law. He says the department follows state and local laws.

This means when a migrant living in the country illegally is arrested for a crime, Boston police officers do not notify U.S. Immigration and Customs Enforcement (ICE) agents before releasing the individual.

Critics of detainers argue that they can lead to imprisonment without due process.

Commissioner Michael Cox appeared on WCVB’s “On the Record” show Sunday morning, Feb. 17.

“I do know this: Our officers abide by the law here in the state and certainly the city ordinance in the city of Boston,” Cox said. “We don’t have authority to enforce federal immigration law. So, from our perspective, what we tell anyone who comes to visit our city or lives in our city is that we don’t care about your immigration status. What we do care about is are you a victim of crime in our city, or are you a victimizer? We still hold you accountable for that, no matter what your immigration status is.”

When pressed on what he says to Massachusetts residents who disagree with state and local laws conflicting with federal immigration laws and may feel they’re not being protected, Cox said they probably don’t understand the difference between criminal warrants and civil detainers.

“I would probably just say that you’re not understanding the laws here in the state,” Cox said. “Is that we just don’t have authority to enforce federal law here according to our state laws. And these are civil detainers. What people don’t understand is the difference between criminal warrants and civil detainers.”

A judge issues a criminal warrant and requires probable cause, which Cox says his department will enforce. Meanwhile, an ICE agent issues a civil detainer without requiring probable cause.

U.S. Attorney General Pam Bondi ordered sanctuary cities and states that do not comply with federal immigration law to be cut off from Department of Justice funds.

When asked if losing federal funds could impact the Boston Police Department, Cox said Boston is safe because of multiple partnerships — including with the federal government.

“The influx of resources that they provide for us are tremendously important to keep the city safe,” Cox said. “We could not be safe as we are without the help of the federal government in that way. So, they’re a partner of ours, and so, that being the case, I don’t know why that would be undone.”

Last week, Bondi announced lawsuits against New York Gov. Kathy Hochul and New York City Attorney General Letitia James over the state’s immigration policies.