Immigration resolution passed at January
HOD
The following resolution was passed at the January House of
Delegates meeting. MBA President Jeffrey N. Catalano was
subsequently quoted by the Springfield Republican and Massachusetts
Lawyers Weekly.
RESOLVED, That the Massachusetts Bar
Association (MBA), which has long supported equal justice and the
due process of law as guaranteed by the
United States Constitution and the Massachusetts Constitution
and its Declaration of Rights of Inhabitants of the Commonwealth,
reaffirms its support for and commitment to vigorously defend the
rule of law and fundamental Constitutional and statutory rights and
due process protections in the detention or deportation of
residents of Massachusetts. Specifically, thet MBA endorses actions
by the federal government, and where applicable, the Commonwealth,
that:
(1) Promptly and fully inform the public about the specific
parameters of any immigration enforcement policy for expedited
detention and deportation of lawful permanent residents, those on
temporary lawful status, and immigrants who are without lawful
immigration status;
(2) Ensure that appropriate legal measures are taken to prevent
and prohibit any discriminatory immigration‐related enforcement
practices by federal, state, or local law enforcement officials
that target or profile persons based on race, ethnicity, national
origin, religion, sexual orientation, gender identity or gender
expression;
(3) Preclude the use of any database established or maintained
by the U.S.
Citizenship and Immigration Services, or any other governmental
agency or entity, based on Executive Orders and immigration
enforcement policy and programs under "DACA" (Deferred Action for
Childhood Arrivals), to identify and locate undocumented immigrants
for any detention and deportation program unrelated to protecting
national security, as it would be unfair to penalize such persons
who applied in good faith for provisional waivers of unlawful
presence, protection from deportation, and temporary work
authorization, under then‐existing U.S. government policy;
(4) Continue, until adoption of comprehensive immigration reform
legislation, immigration enforcement programs that protect certain
immigrants residing in Massachusetts from detention or deportation
and prevent expansive detentions or deportations that result in
family separations and negatively impact the education of
students;
(5) Ensure that attorneys representing immigrants at hearings
are provided reasonable access to their clients in detention and
full access to all information that has subjected the individual to
deportation;
(6) Establish, in collaboration with the Massachusetts legal
community, an effective system that ensures free legal
representation for all immigrants facing removal (deportation)
proceedings who are unable to afford an attorney, on account of the
complicated nature of immigration law and immigration court
proceedings, where many undocumented immigrants lack an
understanding of their legal rights and options, and given that the
government is represented in such proceedings; and where
deportations often result in prolonged detention and incarceration,
disrupting families and communities, causing negative financial
impact, and possibly endangering the life or liberty of individuals
deported to their "homelands";
(7) Support "sanctuary city" protections in Massachusetts as
such protections promote trust and cooperation with law enforcement
essential to public safety; and
(8) Support comprehensive immigration reform legislation that
provides for legal status and a pathway to citizenship for
undocumented immigrants with strong ties to the United States, who
do not pose a national security or public safety risk to our
country and its residents, while taking necessary steps to further
secure our borders.
Affinity bars show support for resolution
The MBA resolution received praised from members of the legal
community around the commonwealth. Several affinity bar association
leaders in attendance at the January HOD meeting also expressed
their strong support for the MBA resolution.
Eugene H. Ho, president of the Asian American Lawyers
Association of Massachusetts (AALAM), said: AALAM is proud to stand
with the MBA and the other affinity bars on this important
resolution. As a voice for our members, many of whom are first and
second generation immigrants, and in light of President Trump's
recent executive order halting immigration from seven
Muslim-majority countries, it is more important now than ever that
we reaffirm our commitment to vigorously defend the rule of law and
fundamental constitutional protections related to the detention and
deportation of residents of Massachusetts, and endorse actions by
the federal government that ensure equal justice and due process in
enforcement of any immigration policies and legislation. We thank
the MBA for its leadership in passing this resolution, and we are
committed to working with the MBA and the other affinity bars to
ensure that all immigrants have access to justice."
Migdalia Iris Nalls, the president of the Massachusetts
Association of Hispanic Attorneys (MAHA), said: The Immigration
Resolution adopted by the MBA speaks volumes at a critical time in
history, where we are witnessing our Constitutional Due process
rights and Human rights under attack by Federal Executive orders.
Within MAHA, we see first-hand the terrible consequences of the
violations of these rights. Immigrants are already halted from
traveling to see their families abroad and living in fear of work
availability and family separation; causing stress and trauma to
their families and children. This is morally unacceptable in our
society and we deeply thank the MBA for taking action to support a
state and country made of immigrants. "
Saraa Basaria, president of the South Asian Bar Association of
Greater Boston, said: "The South Asian Bar Association of Greater
Boston (SABA GB), comprised of many first-generation Americans,
strongly supports the MBA Resolution regarding prohibition of
discriminatory immigration enforcement policies and is committed to
championing lawful immigration policies that align with and respect
the principles upon which this nation was founded. "
MBA president issues statement on executive
orders
This statement was also sent directly to all MBA members via
email on Feb. 10.
When the Massachusetts Bar Association was incorporated in 1910,
it adopted the motto Fiat Justitia" - Let Justice be Done. Over the
course of the MBA's 100 year existence, we have been called upon to
live up to that creed. At various times, we have spoken on matters
of great importance to our jurisprudential system and the rights of
others under the state and federal constitutions. Some matters were
controversial at the time, but history has looked favorably upon
our actions on those occasions. As this state's largest bar
association, we have always understood that apathy is not an option
in matters of justice. That is because unchecked infringements on
the rights of one diminishes us all.
We are now presented with another occasion to act arising out of
recent presidential executive orders (EO) relating to immigration.
We do so humbly appreciating the words of Martin Luther King Jr.
who said, "Even when pressed by the demands of inner truth, men do
not easily assume the task of opposing their government's
policy."
Yet, in a state whose constitution served as the model for the
U.S. Constitution, it is particularly incumbent upon this bar
association to be a bulwark against any threats to due process
rights under both constitutions. These threats arise when actions
are taken that may deport or detain people without a fair hearing;
or that may separate mothers from children, such as in the New
Bedford factory sweeps; or that unfairly discriminate against or
burden people seeking refuge on our shores.
Accordingly, the MBA is proud to be the first state bar to pass
a historic Immigration Resolution reaffirming our support for the
due process and constitutional rights of those who are subjected to
deportation or detention under new EOs. This Resolution, proposed
by the MBA's Richard Cole, received the overwhelming support of our
section councils, county bars and affinity bars, and the House of
Delegates at our meeting on January 26, 2017.
It endorses actions by our governments to "[e]nsure that
appropriate legal measures are taken to prevent and prohibit any
discriminatory immigration-related enforcement practices by
federal, state, or local law enforcement officials or agents that
target or profile persons based on their race, ethnicity, national
origin, religion, sexual orientation, gender identity or gender
expression." In addition, the Resolution endorses "immigration
enforcement programs that ... prevent expansive detentions or
deportations that result in family separations and negatively
impact the education of students."
Following that Resolution, the MBA provided a Declaration in
support of the commonwealth's motion in federal District Court to
extend the temporary restraining order on the ban due to harm to
the commonwealth and its residents. The Declaration I drafted with
MBA Chief Legal Counsel Martin Healy expressed the concern that the
EO would cause unfair discrimination and detrimentally impact
foreign attorneys practicing here, as well as law firms that
represent multi-national companies, and Massachusetts law schools
with international faculty and students.
This week the MBA, under the leadership of Kevin Curtin, became
the only state bar association to co-sponsor the American Bar
Association's Resolution urging that the executive branch ensure
that any executive orders concerning border security, immigration
enforcement and terrorism be within the bounds of laws, treaties
and other agreements.
Sometimes these occasions to act seem laden with partisanship,
but that is never the MBA's motivation. And, the MBA must not let
any such misperception deter us in our pursuit of the overarching
goal of reaffirming our rights, regardless of which party is in
power.
Underlying all of our measures is confidence in the nobility of
our intentions to protect the unalienable rights of everyone. While
national security is a compelling government interest, there is
also much at risk if we do not challenge arbitrary and
discriminatory actions against our most vulnerable people by our
highest authorities.
Throughout our efforts, we followed an orderly and fair process
that obtained overwhelming consensus. We are very honored by the
wide-spread praise we have received for our work. We realize that
this feeling may not be unanimous. However, this great bar
association has an opportunity to demonstrate that what unites us
is far stronger than that which divides us. And that which must
unite us was eloquently stated by Chief Justice Edward F. Hennessy
of the Supreme Judicial Court when he addressed the MBA in
1986:
[W]e are becoming an increasingly pluralistic nation. Of all
things that threaten us, I think racial, religious and ethnic
hatred is the most clear and present danger to our country,
particularly as we observe the horror of terrorism in other nations
...
Wouldn't it be a great thing if the lawyers of America were to
become a permanent, outspoken cadre for fairness, equality, and
decency for all persons and all groups, and against bigotry and
discrimination.
Thirty years later, the MBA is again prepared to continue its
most important mission of ensuring that "Justice be Done" - always
and in every matter.