Facing escalating safety issues and the upcoming presidential transition, Massachusetts Governor Maura Healey is significantly altering the state's approach to the migrant crisis. The Democratic governor is proposing that families residing in emergency shelters must demonstrate legal residency in the U.S., with limited exceptions. This change effectively restricts new migrants from accessing state-provided shelter.

Following a review of the state’s right-to-shelter law, the proposed change mandates shelter applicants to prove U.S. citizenship, lawful permanent residency, or legal presence. Exceptions apply to families with children who are U.S. citizens or lawful permanent residents. Enhanced background checks are also proposed, requiring applicants to disclose any criminal history within and outside Massachusetts. Furthermore, the proposal necessitates verification of identity, residency, and immigration status before shelter placement, a departure from the current practice of housing applicants prior to documentation. Eligibility due to eviction would be restricted to within Massachusetts, preventing individuals evicted elsewhere from seeking shelter benefits in the state.

Governor Healey justifies these changes as essential for the shelter system's long-term sustainability, aligning with the law's original intent while enhancing system safety and supporting municipalities. These measures aim to create a more fiscally sound shelter system.

These actions come in response to safety concerns and crimes linked to illegal immigrants within the state. State records reveal numerous serious incidents in shelters, including sexual assaults. Recent incidents include an illegal immigrant allegedly possessing an AR-15 and a substantial amount of fentanyl in state-funded housing, an El Salvadoran national accused of child sexual assault, and an increase in ICE arrests of illegal immigrants for sex crimes in the Boston area and across Massachusetts.

Governor Healey previously stated her opposition to cooperating with potential mass deportations under the incoming Trump administration, vowing to utilize all available resources to protect state residents. The governor attributes the new proposals to the state’s right-to-shelter law review, congressional inaction, and lack of federal support.

The proposals require legislative approval, and Governor Healey has formally recommended their inclusion in the Emergency Assistance Supplemental Budget. She recently declared an intention to phase out the use of hotels and motels as shelters by the end of 2025. Massachusetts' Right to Shelter law, enacted 40 years ago, initially aimed to provide housing for families in need, particularly pregnant women and homeless children. The influx of migrants seeking shelter under this law has strained the system, leading to a state of emergency declaration last year. The governor also acknowledged that state policies might be attracting migrants.

With an estimated 50,000 migrants arriving since 2021, the shelter system has become overwhelmed, with individuals even resorting to sleeping at Logan International Airport. Democratic House Speaker Ronald Mariano expressed support for the new proposal, aligning it with ongoing legislative efforts to ensure the program's long-term financial viability and implement reforms such as capping shelter stays and requiring job training. Senate Minority Leader Bruce Tarr also welcomed the proposal, highlighting the opportunity to improve the system's safety, accountability, transparency, and sustainability.