Boston's Immigration Policy: The Rules That Matter

Every city handles immigration policy a little differently. In Boston, Massachusetts, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Sanctuary Policy Preemption

The Boston Trust Act, enacted in 2014 and strengthened in 2019, restricts Boston Police from using city resources to enforce federal civil immigration law and from honoring most ICE detainer requests absent a judicial warrant.

Key details: Adopted: 2014, revised 2019. Authority: Boston Code Ch. 12. Detainers: Not honored without warrant. Status inquiries: Prohibited. Key MA case: Lunn v. Commonwealth (2017).

Violations are addressed administratively through BPD discipline, civil rights complaints, and lawsuits under MGL Ch. 12 §11I and federal §1983 claims; no criminal penalty attaches to officers for non-compliance.

E-Verify Mandates

Massachusetts does not require private employers or city contractors to use the federal E-Verify employment authorization system, and Boston has not enacted any local mandate requiring its use.

Key details: Mass mandate: None. Boston mandate: None. Federal I-9: Required for all hires. E-Verify status: Voluntary. Federal contractors: Required by FAR.

Federal I-9 violations are enforced by ICE Homeland Security Investigations with civil penalties starting around $281 per paperwork violation and rising for knowing-hire offenses; no separate Massachusetts or Boston penalties apply.

Boston is more permissive than most cities when it comes to e-verify mandates. That said, there are still limits.

The Bottom Line

Boston's immigration policy rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Boston is broadly strict or permissive.

Keep in mind that Boston can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.