by Marty Lorrey

I have recently been following a piece of legislation moving through our state government, called “An Act ensuring access to equitable representation in immigration proceedings.”

In short, what the bill is designed to do is have Massachusetts taxpayers to provide immigration legal services to eligible immigrants and migrants who lack representation and who are facing removal proceedings from the U.S., especially those in federal immigration detention.

The funds shall be administered by the Office for Refugees and Immigrants for distribution through a competitive grant program to providers of the aforementioned legal services. The funds shall also be disbursed to support the work of a nonprofit organization designated by an administrator.

What caught my eye about this legislation is it’s asking the same group of elected officials to ensure taxpayer funds are allotted for immigration proceedings, yet they wouldn’t provide reasonable compensation for public defenders to defend those facing criminal proceedings in state courts.

According to an editorial in the February 11, 2026 edition of the Boston Herald, “Immigration proceedings are civil not criminal and therefore there is no constitutional right to a publicly funded attorney in immigration court.”

Which is probably why the bill was drafted to give legal services to those who wouldn’t otherwise be entitled to public legal assistance using state public funds. When facing criminal court proceedings in U.S. courts, one is entitled to public representation if they cannot afford it.

Again, my biggest issue is elected officials not willing to pay public defenders a negotiated wage for their services in Massachusetts courts yet asking for public funding for those facing possible removal in federal courts.

I wonder how many American non-American citizens are now being held due to the lack of representation being afforded by the state in our own courts.

How many U.S. and non-U.S. citizens are having their day in court delayed due to lack of representation?

And finally, how many victims saw their perpetrators walk free due to lack of representation?

I sincerely hope this legislation fails and our elected officials begin to treat public funds equitably in the state regarding those who face court proceedings.

Unfortunately, it seems some legislators are guided by the news of the day, not the needs of their constituents.