by Brian Garvey
Though the calendar says June, Massachusetts is experiencing a major ICE problem. For months Immigration and Customs Enforcement agents have been terrorizing communities across the state. They’re spreading fear, dragging neighbors to detention centers, and violating the due process of our residents. Where is the Governor of Massachusetts, Maura Healey?
The Globe Magazine recently published a feature entitled, “Trump vs. Massachusetts.” In over 3,000 words it details how the Trump Administration is attacking the Commonwealth’s schools and universities, its public health resources, energy, disaster relief, immigrant communities, and international students. But Conspicuously, Governor Maura Healey–the Chief Executive of the Commonwealth of Masschusetts–isn’t mentioned once.
This omission does not indicate a failure in reporting by Kara Miller, the piece’s author, who focused on Boston Mayor Michelle Wu as Massachusetts’ leading champion. In the battle with Donald Trump, Maura Healey’s been missing in action.
And the Governor knows better. She’s certainly willing to expound about the importance of Due Process and Liberty when it suits her. On April 19th, the 250th anniversary of the “shot heard ‘round the world,” the Battles of Lexington and Concord that marked the beginning of the Revolutionary War, Governor Healey said:
“Due process is a foundational right … we must commit ourselves to defending it. That is what I will do.”
Quoting Coretta Scott King, the Governor said, “Freedom is never really won. You earn it and win it in every generation. This is our generation’s time. Standing here, in this place, at this moment, we must commit ourselves to defending it. That is what I will do, and I encourage everyone who knows our history and values our freedoms, to do the same.”
As Immigration and Customs Enforcement (ICE) agents spread fear in communities across Massachusetts, as the President of the United States and his Secretary of State openly discuss the idea of deporting US citizens to foreign prisons, it is appropriate to ask Governor Healey for specifics:
“How exactly are you defending freedom in the Commonwealth?”
It would be unreasonable to ask Governor Healey to obstruct justice. It’s absolutely necessary to demand that she obstruct injustice.
The Governor of Massachusetts takes an oath to uphold and defend not only the Constitution of the Commonwealth of Massachusetts, but also the Constitution of the United States. That means defending the right to due process that the 5th amendment affords all people. [Notice that the text of the 5th Amendment says “person” and not “citizen.” That wording was intentional, and its inclusion in our Supreme Law is in no small part due to the efforts of our first two governors.]
Worcester community leaders were outraged at the actions of the Worcester Police Department who arrested Oliveira’s teenage daughter who attempted to block an ICE vehicle while holding an infant child. By contrast, Governor Healey claimed not to know the facts about what she herself described as a disturbing, warrantless abduction of a Worcester woman, Rosane Ferreira de Oliveira, by unidentified, masked ICE agents.
In a public interview with Boston Public Radio on May 9th the Governor said she didn’t know whether or not ICE had a warrant. But she did reprimand the people of Worcester who stood up for their neighbors.
Host Jim Braude asked “As the lead spokesperson for our state, we’ve asked other people this, but your answer probably matters the most. If an international student said, I’m considering coming to the United States to go to school or I’m thinking of going somewhere to school in western Europe. Based upon what Trump has done the last couple of months, what would your advice to that student be?”
Governor Healey tried to evade the question, invoking the history of the American Revolutionaries at Lexington and Concord and their stand against tyranny to describe the greatness of Massachusetts and the United States.
Braude, to his credit, pressed her, “You can’t guarantee her safety, can you governor? That student who’s asking you that question, can you guarantee that she’ll be safe here?”
Healey’s response was appalling.
First she equivocated about economic development and education funding. Then, sensing the frustration of the live audience she actually gave an answer:
“And can I protect (International Students), look, I can’t stop the rain.”
Then, looking back, Healey looked out the window behind her and made a joke:
“Oh look, I, the rain has stopped.”
Then she giggled with the hosts about whether it was Kelly Ayotte, the Governor of New Hampshire, who had stopped the rain.
Less than 2 weeks later, Trump revoked Harvard University’s ability to enroll foreign students, a move later blocked by a US Federal judge. More recently, he ordered all federal agencies to cut ties with Harvard and stated his intention to deny Harvard all federal funds.
On May 31st, ICE detained an 18 year old high school student in Milford. Marcelo Gomes da Silva was grabbed by ICE on his way to volleyball practice. His coach, Andrew Mainini, described him as a model citizen who took honors classes and played in the school band. Is this the kind of violent criminal that Donald Trump promised to deport from our communities?
Silva was held for 6 days in terrible conditions. In that time his community rallied to his cause. His classmates, teachers, even the Chief of the Milford Police Department spoke out for him. “Protecting Marcelo and our undocumented population is paramount to us,” said Milford police Chief Robert Tusino. “Regardless of your status, you’re going to get our protection. And if you commit a crime, you are going to get due process just like everybody else.”
Governor Healey did release a statement asking for the release of Marcelo. Her ask, along with those of the Milford community and his attorneys, probably helped to get Marcelo released from custody, at least for now. But it isn’t the place of the Governor of Massachusetts to ask for the due process rights of our residents. It’s the Governor’s duty to enforce our laws and protect the People of the Commonwealth.
Because the Trump Administration isn’t going to stop. In Los Angeles the president has federalized the California National Guard over the objection of the state’s governor, for the first time since 1965. He has sent the United States Marines to California to back up his ICE agents and menace protestors against his cruel immigration policies. Donald Trump is a bully, and bullies don’t stop until you stand up to them. At some point our leaders, including Governor Healey, must draw a line and say, no further.
It is completely appropriate for the Governor of Massachusetts to do so. After all, the Bill of Rights, including the right to due process, is a result of the Massachusetts Compromise. It was brokered by the first two elected governors of Massachusetts, Sam Adams and John Hancock. It’s the reason the States agreed upon and ratified the Constitution.
It’s time for Maura Healey to borrow a phrase from one of the most popular figures in Boston history, the 3 time World Series Champion, and Dominican immigrant, David Ortiz, the Big Papi. 3 days after a bomb exploded near the finish line of the Boston Marathon, Ortiz took the microphone during the pregame ceremony at Fenway Park. His brief words became a rallying cry for the city of Boston, during a dark time:
This is our f****** city, and nobody’s gonna dictate our freedom.
Will Governor Healey say the same?
This is our Commonwealth, and no one, not even the President of the United States, should dictate our freedom.
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Brian Garvey is the Executive Director of Massachusetts Peace Action