BOSTON — Gov. Maura Healey is not complying with a Justice Department demand to reverse an RMV policy prohibiting Immigration and Customs Enforcement from obtaining undercover license plates in Massachusetts, while attacking the federal agency and its tactics.

“The RMV’s policy for its confidential registration program is lawful, proper, and fully within the sovereign power and discretion of the Commonwealth of Massachusetts,” Healey’s Chief Legal Counsel Jesse Boodoo said in a letter to Assistant Attorney General Brett Schumate dated May 22.

“Contrary to the assertions contained in your letter, the policy neither risks the identification of individual federal officers nor discriminates against ‘certain federal law enforcement agencies’ in violation of the United States Constitution,” Boodoo added. “Massachusetts therefore rejects your demand to ‘immediately withdraw’ the RMV policy.”

The letter from Healey’s office comes in response to a demand letter from Shumate earlier this month to reverse the policy, with Shumate arguing that it is unconstitutional, citing a 2022 Supreme Court decision stating that a state law or policy is invalid if it “regulat(es) the United States directly or discriminat(es) against the Federal Government or those with whom it deals.”

It’s the latest resistance from Healey to the federal agency and the Trump administration as the gov seeks reelection to the corner office.

In the letter, Boodoo went on the attack against ICE and its tactics, telling Shumate that the current RMV policy actually furthers the public interest while “maintaining public safety.”

“Confidential plates shield information about the RMV-registered owner or lessee of a vehicle from local and state police — meaning that, if a member of state or local law enforcement encounters a vehicle with confidential plates driving recklessly or otherwise violating the law, law enforcement will not be able to access information about the vehicle’s owner or lessee (including whether it is an individual or a government agency, or why the vehicle was eligible for a confidential plate in the first place) when they run the plate number,” said Boodoo.

“The fact that ICE has adopted increasingly aggressive and unconstitutional tactics to enforce civil immigration laws does not override its statutory mission or transform it into a criminal law enforcement entity; and Massachusetts will not treat it as such,” Boodoo continued.

But the other side notes that Massachusetts is actively requiring state and local law enforcement to not cooperate with the federal agency on any civil immigration enforcement matters, leading to the additional risk of Massachusetts police officers tipping off illegal immigrants or activist support groups to ICE’s location and spoiling operations.

At the same time, Healey and legislative leadership have been pushing anti-ICE legislation since January, including the Protect Act — two versions of which have advanced through the House and Senate, respectively.

The back-and-forth between Healey and the DOJ also comes after she launched a new online ICE Misconduct Portal with Attorney General Andrea Campbell. Healey has been less than transparent with the online portal, sending the Herald just four complaints sent to it in response to a public records request for all of the complaints sent to the portal during the first two weeks of operation. Hundreds, if not thousands, of complaints were sent to the portal in that time frame.

Healey says regular passenger license plates remain available for ICE.

Shumate has threatened legal action against the state if Healey does not comply with his demand to change the policy.

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