Boston, MA Immigration Policy: Sanctuary Policy Preemption (2026)
Key Facts
- Governing section
- Boston Code of Ordinances § 11-1.9
- Adopted by
- Ord. 2019 c. 9 (Boston Trust Act)
- Detainer hold cap referenced
- Up to 48 hours (excl. weekends/holidays)
- Annual report deadline
- December 31, to City Clerk
- Key exception
- Judicial criminal warrant still honored
Summary
Boston's Trust Act, codified at § 11-1.9, bars city law enforcement from detaining someone solely on a civil immigration detainer or ICE administrative warrant once that person is otherwise eligible for release, and blocks city staff from using city resources for civil immigration enforcement.
A law enforcement official shall not detain an individual solely on the basis of a civil immigration detainer request or an ICE administrative warrant after the individual is eligible for release from custody, unless ICE has a criminal warrant, issued by a Judicial Officer, for the individual... [A] law enforcement official or an employee of a City Department, Agency or Commission, shall not: Use Agency or Department monies or personnel to interrogate, detain or arrest persons for immigration enforcement purposes... Transfer an individual to immigration authorities unless authorized by a judicial warrant or other judicial order.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).
Full Breakdown
9 of the Boston Code of Ordinances, added by Ord. 2019 c. 7 to hold someone up to 48 hours (excluding weekends and holidays), and separately bars city departments from using "Agency or Department monies or personnel to interrogate, detain or arrest persons for immigration enforcement purposes," including inquiring about immigration status, detaining solely on a civil detainer, or sharing personal information or release timing with ICE or ICE-HSI for civil immigration purposes. § 922(d)(5), and the Boston Elections Commission may ask about citizenship for voter-eligibility purposes.
The Boston Police Commissioner must file an annual report to the City Clerk by December 31 breaking down detainer requests received, individuals detained, ICE transfers, and federal cost reimbursements, and BPD had six months from passage to fold the policy into officer training.
Violations & Fines
The ordinance is a policy-and-training mandate directed at city departments and officers rather than a fine schedule against private individuals; it does not set a criminal or civil penalty amount for city staff who violate it, though it requires the Boston Police Commissioner to publicly report detainer and transfer statistics annually to the City Clerk and City Council as an accountability mechanism.
Frequently Asked Questions
Can Boston police hold someone just because ICE asks?
Does the Boston Trust Act stop all cooperation with ICE?
Does Boston report on how it handles ICE detainer requests?
Sources & Official References
Other rules in Boston
Compare Boston to another location·View the Massachusetts immigration policy overview
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