Special to the Patriot-Bridge
Senator Lydia Edwards has filed legislation reaffirming a fundamental promise of our democracy: that everyone has fair and safe access to the courts. At a time when increased immigration enforcement activity has created fear around courthouses, the legislation ensures that all residents can participate in legal proceedings, assert their rights, and seek justice without intimidation or obstruction.
This legislation is one of two major initiatives introduced by Senator Edwards to safeguard residents of the Commonwealth. The newest bill joins a bill filed in November to update Massachusetts’ U and T Visa law to better protect trafficking and abuse survivors.
Protecting Access to Justice
An Act protecting access to justice (SD 3607), filed today by Senator Edwards, establishes clear limitations on arrests, detention, or custody actions within Massachusetts courthouses.
The proposal is rooted in a simple principle: courthouses must remain safe spaces where justice is practiced without fear. Increased ICE activity in and around courthouses has not only undermined the sense of safety within these buildings, but also has had a chilling effect on access to the courts – stripping residents of their ability to fully exercise their right to due process.
As a result, justice itself is being disrupted. Witnesses are afraid to testify, individuals are avoiding regularly scheduled hearings, and in some cases prosecutors have been unable to complete trials. When people cannot safely access the courts, the entire justice system suffers.
The legislation:
• Requires any law enforcement agent entering a courthouse to identify themselves to court personnel and state their enforcement purpose
• Mandates judicial warrants or judicial approval for any civil arrest.
• Bans face coverings that obscure identity in the courthouse, unless medically necessary
The legislation is designed to protect the integrity of judicial proceedings, preserve public trust in the courts, and enhance public safety. Similar courthouse-protection laws have been enacted in states including Rhode Island, Connecticut and New York.
“Courthouses exist so people can seek justice – not to be places of fear or enforcement ambush,” said Senator Edwards. “When individuals are too afraid to show up to court, justice breaks down for everyone. This legislation is about defending the rule of law, safeguarding due process, and ensuring our courts remain places where fairness and equal access are upheld for all.”
Strengthening Protections for Survivors of Trafficking and Serious Crimes
In late November, Senator Edwards filed An Act relative to trafficking and abuse survivors (SD 3394), a comprehensive update to Massachusetts General Law Chapter 258F concerning U and T Visa certifications. U and T visas are federal immigration protections designed for victims of serious crimes – including assault, domestic violence, kidnapping, and human trafficking – who assist law enforcement in investigations or prosecutions.
The current state law requires a 90-day response to U and T Visa certification requests, a delay that can leave some vulnerable during critical moments. The proposed legislation shortens that timeline to 30 days, and to 10 days in extreme circumstances, such as when a survivor is already in deportation.
“People who have survived some of the horrific crimes such as slavery, trafficking, and violence, face so many obstacles as it is, in standing up to their perpetrators. We need to make sure that they feel safe to talk to local law enforcement.”
The legislation:
• Clarifies that judges, state agencies, and law enforcement entities may issue certifications
• Establishes a right to appeal previously denied certifications to the courts
• Ensures timely responses that align with the urgency of immigration proceedings.
This legislation, if passed, would assure that victims and witnesses of crime will feel safe to come forward. “This is what will help keep our communities safer, when people feel safe to come out of the shadows, seek justice and our courts remain bastions of access to justice.” Senator Edwards