Boston Moves to Dismiss Federal Lawsuit Over Trust Act

The City of Boston filed a motion Monday in Boston, Massachusetts, to dismiss a federal lawsuit challenging the city’s sanctuary city policy. The motion responds to a lawsuit filed Thursday by the U.S. Department of Justice against the City of Boston, Mayor Michelle Wu, the Boston Police Department, and Police Commissioner Michael Cox.

City of Boston’s Position on the Trust Act

According to the motion, Boston argues that its sanctuary city policy, known as the Trust Act, is constitutionally protected. The city states that the Trust Act directs the Boston Police Department to prioritize criminal law enforcement and leaves civil immigration enforcement to federal authorities. The filing asserts that this structure does not conflict with the Immigration and Nationality Act and is permitted under the Tenth Amendment.

Boston’s motion argues that federal law allows voluntary cooperation between local and federal agencies but does not mandate local participation in immigration enforcement. The city claims that requiring local enforcement would violate constitutional limits on federal authority over state and local governments.

Challenges Raised in the DOJ Lawsuit

The Department of Justice lawsuit targets the Trust Act, passed in 2014, and argues that cities cannot obstruct federal immigration enforcement. The law limits cooperation between Boston Police and federal immigration authorities on civil detainers, though it allows cooperation on criminal matters.

Boston’s motion states that similar federal lawsuits against Illinois, Chicago, Cook County, and New Jersey were dismissed for failure to state a claim. The city argues the DOJ’s reading of federal law is overly broad, particularly regarding information-sharing requirements.

Request for Dismissal and Removal of Defendants

The motion asks the court to dismiss the complaint with prejudice. It also seeks to remove Mayor Wu, Commissioner Cox, and the Boston Police Department as defendants, arguing the lawsuit does not properly establish them as liable parties.

The filing maintains that the Trust Act is a neutral city policy regulating only municipal employees and that any incidental effect on federal operations is permissible.