An Act promoting rule of law, oversight, trust and equal constitutional treatment, also known as the PROTECT Act, was initially approved by the House on March 25 as House Bill 5316. The Senate passed its own version of the bill on May 7 as Senate Bill 3086.
Both bills would prohibit state and local law enforcement officers from inquiring about an individual’s immigration or citizenship status except in narrow, documented circumstances. They would also prevent law enforcement officers from using state or local resources to carry out a federal civil immigration enforcement action.
Despite the similarities, there are also clear differences between the House and Senate bills. For example, while the House version establishes courthouses as protected spaces where ICE cannot make arrests and directs state agencies to develop policies and procedures for other facilities such as schools and hospitals, the Senate version expands these protected spaces to explicitly include courthouses, school grounds, childcare centers, hospitals, and places of worship.
Unlike the House bill, the Senate bill prohibits the Massachusetts Department of Correction (DOC) from entering into 287(g) agreements with ICE, which are used to delegate certain immigration enforcement powers to state and local law enforcement officials. The Senate version also establishes a private right to action for individuals to sue under state law if they feel ICE has violated their constitutional rights, while also prohibiting out-of-state military personnel from entering the Commonwealth without the Governor’s approval.
The House bill, unlike the Senate version, includes provisions providing inmates in correctional facilities with access to immigration legal services while also allowing justices, clerks, and bail commissioners to consider the likelihood of imminent deportation when determining whether releasing someone from custody will reasonably ensure their appearance before the court.
“As a member of the Black and Latino Legislative Caucus, Marcus was directly involved with the drafting of the original PROTECT Act and has been closely monitoring its progress as it has moved through the House and Senate and has undergone significant changes,” said Representative Jones. “Working with his fellow conferees as they attempt to reach a compromise between the two legislative branches, I anticipate Marcus will do everything he can to try to strike the right balance between guaranteeing everyone due process and protecting the public from the most dangerous criminals.”
Joining Vaughn on the conference committee are Representatives Daniel Cahill (D-Lynn) and Andres Vargas (D-Haverhill), as well as Senators Cindy Friedman (D-Arlington), Pavel Payano (D-Lawrence) and Ryan Fattman (R-Sutton).
First elected in November of 2022, Vaughn is currently in his second term as a member of the Massachusetts House of Representatives. In addition to serving as a member of the House and Joint Committees on Ways and Means and the Joint Committee on Economic Development and Emerging Technologies, Vaughn is also the Ranking Minority Member on the Joint Committee on Public Safety and Homeland Security, the House Committee on Post Audit and Oversight, and the House Committee on Operations, Facilities and Security.
Vaughn represents the 9th Norfolk District, which consists of Precincts 3 and 4 in Medfield; Precinct 1in Millis; Precinct 5 in Walpole; and the towns of Norfolk, Plainville and Wrentham.
