BOSTON — Pro-immigrant nonprofits, organizers, and politicians from across the state are bracing for a second Trump presidency as they seek to protect the state’s undocumented population — and a letter recently addressed to Gov. Maura Healey may give glimpses into the reality of challenges ahead, which may include lawsuits and jail time for those disregarding federal immigration laws.

In a six-page email dated Dec. 13, the conservative legal group America First Legal, founded in 2021 by Trump’s incoming deputy chief of staff and Homeland Security advisor Stephen Miller, accuses Healey of “lawlessness,” warning that the governor and members of her administration are “at significant risk of criminal and civil liability,” due to what it sees as the commonwealth’s intent to blatantly violate federal law.

Similar emails were addressed to a total of 249 city, county and state officials in support of “sanctuary city” policies. Northampton and Amherst have declared themselves sanctuary cities, but it’s unclear if officials in those communities have received similar emails.

The notices reference the 2012 Supreme Court case Arizona v. United States of America which ruled that all state-level immigration policy is subordinate to federal regulations. It also cites several federal violations officials are flirting with due to their positions on immigration.

“Federal law is clear: aliens unlawfully present in the United States are subject to removal from the country, and it is a crime to conceal, harbor, or shield them ...” the letter states. “Federal law imposes serious consequences for obstructing the execution of federal immigration law. So called ‘sanctuary’ jurisdictions that forbid compliance with federal immigration law and cooperation with the officials who enforce it are, therefore, breaking the law.”

It warns Healey that she may face up to 20 years imprisonment based on federal law 18 U.S.C. section 1512, which states that it is illegal to “hinder, delay, or prevent” information concerning federal offenses, for one example, and also informs Healey that she can be sued under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), which would force Healey to pay all damages incurred by undocumented immigrants during her time in office.

The letter, signed by America First Legal Senior Counsel James Rogers, identifies Massachusetts as a sanctuary state violating federal law, and references a post-election interview on MSNBC as proof that Healey plans to dodge the president-elect’s immigration agenda.

“As Governor, on November 8, 2024 you publicly stated your opposition to enforcement of federal immigration law, declaring your intent ‘to use every tool in the toolbox’ to shield illegal aliens from removal from the country,” the letter states.

The letter also references the stories of two undocumented persons in Boston who were detained last fall by U.S. Immigration and Customs Enforcement but released by the Boston Police Department, and offers this as evidence that Healey’s policies are having a “real impact” on the people of Massachusetts.

In October 2024 ICE arrested Columbian undocumented immigrant Mateo Hincapie Cardona, who had previously been arrested by Boston Police for enticing a child under 16, distribution of obscene matter, and lascivious posing and exhibiting a child in the nude. According to the letter, ICE had lodged a detainer with the Boston Police, but the department did not honor it and Cardona had been released from custody.

Similarly in November 2024, Julio Esteban Batista-Castillo, a Dominican immigrant, was released after being charged with kidnapping, malicious destruction of property, breaking and entering, and home invasion, in addition to several assault and battery charges.

Healey responds

In response Healey pointed to her words in a Dec. 22 WBZ-TV interview in which she stated, “We are not a sanctuary state. If you come here, there is not housing here.”

This approach, she said, “has been effective in changing the trajectory of migration in Massachusetts.”

She added, “I can tell you that when it comes to criminal investigations of violent crime, of drug trafficking, gun trafficking, human trafficking, today, and this has always been the case, local law enforcement, state law enforcement, working with federal law enforcement will continue to do that work.

Samuel Gelinas can be reached at sgelinas@gazettenet.com.