DHS and President Trump Target Sanctuary Cities in Massachusetts and Other States

By Kayla E. Snider - Skoler Abbott P.C.

June 10, 2025

As many readers are certainly aware, President Trump has resumed and intensified deportation efforts.  His actions have sparked a wide-range of reactions from staunch support to vehement opposition.  In the most recent wave of action, President Trump issued an Executive Order directing the Department of Homeland Security (“DHS”) to publish a list of all sanctuary jurisdictions.  DHS recently released this list taking aim at states, cities, and counties across the United States, including right here in our own backyard—naming Massachusetts, Connecticut, and New York. 

Sanctuary Cities

A sanctuary jurisdiction is one that limits its cooperation with federal immigration enforcement to make sure undocumented immigrants feel safe to report crimes, access public services, and otherwise engage with their local government. Sanctuary cities typically do not allow local law enforcement to detain people solely on the basis of an immigration violation or provide ICE with access to interview individuals in jails or prisons.  Sanctuary jurisdictions make it easier for undocumented immigrants to report crimes and access services without fear of deportation.

The Executive Order

On May 2, 2025, President Trump issued an Executive Order entitled “Protecting American Communities from Criminal Aliens” (the “Immigration Order”).  The Immigration Order declares that state and local officials are “us[ing] their authority to violate, obstruct, and defy the enforcement of Federal immigration laws.”  This conduct is characterized as “a lawless insurrection against the supremacy of Federal law and the Federal Government’s obligation to defend the territorial sovereignty of the United States.”  The Immigration Order continues, saying that “measures to assist illegal aliens also necessarily violate Federal laws prohibiting discrimination against Americans in favor of illegal aliens and protecting Americans’ civil rights.”

To accomplish its goals, the Immigration Order directed DHS to, within 30 days, publish a list of state and local jurisdictions that are sanctuary jurisdictions.  Following the publication of this list, the Attorney General, Pamela Bondi, and the Secretary of Homeland Security, Kristi Noem, are required to notify each state, city, and county on the DHS’s list, informing them that they are in “defiance of Federal immigration law enforcement and [listing] any potential violations of Federal criminal law.”

For all sanctuary jurisdictions on the DHS list, if, after receiving notification, they remain a sanctuary jurisdiction, the Attorney General and the Secretary of Homeland Security are instructed to “pursue all necessary legal remedies and enforcement measures to end these violations and bring such jurisdictions into compliance with the laws of the United States.”

The DHS List

On May 29, 2025, in accordance with the Immigration Order, DHS issued a comprehensive list of states broken down by cities and counties that are sanctuary jurisdictions.  DHS states that sanctuary jurisdictions “protect dangerous criminal illegal aliens from facing consequences and put law enforcement in grave danger.”  The listed states, cities, and counties are said to be “deliberately obstructing the enforcement of federal immigration laws and endangering American citizens.” 

DHS removed the list from its website on June 1, 2025.  This removal followed widespread outrage from government officials in many of the named cities and counties, incensed over their inclusion on the list even though they were not, by definition, a sanctuary city or county.  These government officials objected to DHS’s publication of the list on the grounds that there was no input, compliance criteria, or mechanism to object to designation as a sanctuary jurisdiction.  These government officials stressed that there is a difference between a “sanctuary city”—where local officials are blocked from helping federal immigration officials on immigration operations—and a “welcoming city”—where immigrants are welcomed and embraced and local officials are often times instructed not to ask about any type of immigration status.

Even though the list has been removed, the “damage” has already been done.  The listed states, cities, and counties can be found through any major news outlet.  Specifically, in Massachusetts, the following counties and cities were named:

Counties: Barnstable County; Berkshire County; Bristol County; Dukes County; Essex County; Franklin County; Hampshire County; Middlesex County; Nantucket County; Norfolk County; Plymouth County; Suffolk County; Worcester County.

Cities: Amherst; Boston; Cambridge; Chelsea; Concord; Holyoke; Lawrence; Newton; Northampton; Orleans; Somerville; Springfield.

Takeaway

Employers in these cities and counties should expect an increase in immigration enforcement action and ensure that you and your employees are prepared for an ICE visit to the workplace.  Employers should approach immigration compliance with care, ensuring proper documentation while also recognizing the valuable contributions immigrant workers make to local economies.  By staying informed and fostering inclusive, lawful workplaces, employers can navigate this landscape responsibly and support a stable, diverse workforce.

If you or your company has any questions related to employment-based immigration or employer and employee rights when ICE arrives at the workplace, consider contacting experienced immigration counsel.

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