The Governor of Massachusetts, as part of her plan to address the current migration crisis in the state, introduced several key modifications to the state’s Right to Shelter regulations on Wednesday. As per these new stipulations, individuals requesting shelter placements must be legally residing in the United States and must subject themselves to criminal background verifications before entry into the emergency shelter facilities. The proposals came at the heels of a dramatic incident at a state-operated shelter in Revere, where a Dominican national was taken into custody on charges of suspected drug possession and firearm violation.
The accused, a 28-year-old Dominican Republic citizen named Leonardo Andujar Sanchez, had allegedly been harboring an assault rifle and about five kilograms of a substance suspected to be the lethal opioid, fentanyl. This led to his detention in late December under federal and local charges. Pending court judgement, Sanchez remains in state custody, facing indictment for carrying gross amounts of fentanyl intended for distribution and for unlawful firearm possession as a non-native.
An incident of a similar disturbing nature took place earlier last year when a migrant, sheltered in a Rockland hotel turned emergency shelter, was indicted for sexual assault in May. The alleged perpetrator, a 26-year-old Haitian national, Cory B. Alvarez, pleaded not guilty in Brockton’s Superior Court to charges of child assault and enforced child assault, carrying a notable age difference. Alvarez was deemed dangerous by the court following his arrest in March.
Alvarez’s arrest, along with the incident involving Andujar Sanchez’s illegal cache of drugs and firearms at the Quality Inn in Revere, pressed the governor to direct the immediate inspection of all state-ran family shelter facilities in early January. This was part of Governor Healey’s ongoing mission to assure the safety and sustainability of the state’s shelter system
With urgency for policy revision made evident, Governor Healey sent a detailed letter to the Senate President, Speaker, and House and Senate representatives of Ways and Means Chairs. In it, she stressed the necessity of immediate amendments in the Emergency Assistance Supplemental Budget. She emphasized the requirement of these changes in order to maintain a manageable and sustainable support system for the homeless.
Governor Healey, on Wednesday, commented on thoroughly evaluating the existing law and noted the corresponding strain it imposed on the system. She stated that the proposed amendments were crucial, especially in the absence of any federal support and Congress’s persistence to overlook the situation. The Governor believes that this approach respects the initial purpose of the law while ensuring the long-term viability of the state’s shelter system.
Governor Healey further amplified her perspective by sharing how the new proposals will respond to the needs of homeless families while supporting local communities. She emphasized how the revised laws will maintain system safety and set a course towards a more financially feasible shelter system.
The proposed modifications encompass strengthening the checks on criminal backgrounds of the applicants. Governor Healey’s plan requires complete disclosure of any criminal backdrop of applicants both within the state and beyond. Moreover, it will institutionalize the Executive Office of Housing and Livable Communities’ policy, making CORI checks prerequisite to shelter placement.
Another proposed alteration pertains to a stricter residency requirement. The mere declaration of intention to live in Massachusetts will no longer suffice. The revised regulations would now necessitate proof of intent to settle in the state either by valid documents or through demonstrating three months of physical habitation within the state bounds.
The proposal also seeks to abolish the concept of presumptive eligibility. Under the present law, applicants are assumed to be eligible for shelter even before they provide necessary documentation. However, according to Healey’s proposal, shelter seekers will need to validate their identity, residency, and legal status before being placed.
Adjustments are also proposed for the eviction eligibility criteria. Currently, a family may be eligible for shelter based on various types of no-fault eviction, without geographic restriction. The new proposal, however, will require that evictions must have taken place within Massachusetts itself to deem a family eligible for shelter. This condenses the chances of people being evicted from other states and coming to Massachusetts for shelter benefits.
Revisions are also suggested for confirming lawful status with slight exceptions. Governor Healey’s proposal emphasizes that all family members should provide evidence of either U.S. citizenship or lawful presence in the country. The only exception would be the households with a child who is a U.S. citizen or lawful permanent resident.
Massachusetts became the pioneer state to endorse a Right to Shelter regulation 40 years ago, aimed particularly at providing shelter to needy families, pregnant women, and homeless children. However, over the past years, numerous families from within and outside the country have swarmed into Massachusetts in search of shelter, leading to a surge in the state’s migrant population.
The Emergency Assistance program, catering to families with children or pregnant women coping with homelessness, witnessed an influx of newcomers making up about 50% of the program’s beneficiaries. In 2023, Governor Healey reported that the shelter system was saturated with 7,500 families.
In light of these pressing issues, Governor Healey declared in November a planned cessation of using motels and hotels as shelters by the end of 2025. She also announced stricter measures, including mandatory CORI checks for all Emergency Assistance shelter applicants, background checks, and consistent inspections at all shelter sites across the state.
Despite a plethora of efforts, some believe that the administration hasn’t sufficiently addressed the migrant crisis. Critics argue that the government has shirked responsibility, placing an unfair burden on Massachusetts residents. They believe that the current situation is untenable and requires swift and effective action by the government.