MEMORANDUM

To: The Governor

From: John B. Miller, Candidate for Attorney General
On Behalf of: The Attorney General
The AGs Duty to Represent You and the Citizens of This State

Our Supreme Judicial Court has confirmed that the Attorney General is obliged to represent the public
interest of the citizens of this state. Secretary of Administration and Finance v Attorney General, 1975.
[T]he Attorney General is . . . mandated to appear for [all state agencies] in all suits and other civil
proceedings in which the commonwealth is a party or interested, or in which the official acts and doings
of [all state agencies] are called in question, in all the courts of the commonwealth.

[The Attorney General] has a common law duty to represent the public interest. . . . . Thus, when an
agency head recommends a course of action, the Attorney General must consider the ramifications of that
action on the interests of the Commonwealth and the public generally, as well as on the official himself
and his agency. To fail to do so would be an abdication of official responsibility. [emphasis added]
Factual Background
On July 21, 2014, your Under-Secretary for Homeland Security presented the following facts to the
Selectman of Bourne, Massachusetts. Under Secretary Schwartz stated that, for the most part, he was re-
transmitting information received from federal officials.
770 unaccompanied minors have already been released by US DHS or HHS from the border to
relatives and guardians in Massachusetts.
34,000 unaccompanied minors have crossed the southern border between January 1 and June 30.
Approximately 20% of these people are under 12 years old, 80% are over 12 years old.
Federal facilities are overwhelmed at the southern border.
Federal officials have asked all states to offer sites to house unaccompanied minors because
federal sites are overwhelmed at the border.
Based on recent federal experience (statistics).
o 55% of those brought to Massachusetts by US DHS/HHS will be released to relatives or
guardians at sites in cities and towns here;
o 40% are expected to be deported directly from temporary Secure Shelters in the
Commonwealth to their home countries;
o 5% are expected to be granted asylum in the USA.
Under Secretary Schwartz confirmed that the Governor has offered, over the next four months, to
house up to 1000 unaccompanied children at a Secure Shelter in Massachusetts, each staying
about 35 days. (3,428 kids = 1000 capacity x 120 days / 35 days)
Under Secretary Schwartz confirmed that Joint Base Cape Cod and Westover AFB are under
consideration.
If the federal numbers are correct and the period is not more than 4 months:
o 55% (up to 1885 children) will be released to relatives or guardians at sites in cities and
towns here;
o 40% (up to 1371 children) will be deported by DHS directly from the Secure Shelter in
the Commonwealth;
o and 5% (up to 171 children) will be granted asylum in the USA and released to federal
child care programs here.
The AGs Duty to Represent the Public Interest of Citizens
The role of the Attorney General is not a legislative one it is to properly lead and manage the legal
affairs of the state and its citizens.

The duty of the AG is to represent the public interest of the citizens of this state. The offer described by
Under Secretary Schwartz may add up to 2600 kids to cities and towns in Massachusetts. That's 104
classrooms of 25 kids. Thats 9 new elementary schools.

My advice to the Governor, as Attorney General, would be to carefully think this through, plan for it,
evaluate the cost implications as well as the implications upon public health, public welfare, and public
safety, write this all up, and attempt by negotiation to secure a federal commitment to fully support it
before the fact.

In the absence of such a federal agreement, the effect on city and towns, whose primary source of revenue
is the property tax, should be carefully discussed and dealt with by the Legislature. The Governor should
call the legislature back into session to deal with it. Public safety officials, public health officials, and
local elected officials should be heavily involved in the development of a solution that protects the states
$5+ billion annual investment in public health and welfare.
Negotiation Objectives with Federal Government
Clarify, in detail, what the federal government will (and wont do) before unaccompanied minor
children are transferred to Massachusetts by the US DHS or US HHS
Assure compliance with Massachusetts public health and safety laws
o Vaccinations, health care, health screenings.
o Identification confirmed by law enforcement officials, with screening for gang
members.
Confirm that federal government will remain responsible to the state, and to cities and towns for
all costs associated with sheltering, caring for, and educating children released in the
Commonwealth by US DHS or US HHS.
Confirm that federal government will remain responsible to the state, and to cities and towns for
all costs associated with temporary Secure Shelters established anywhere in the Commonwealth.
o If the federal government does not agree, call the Legislature back into session to deal
with the impact of this program on cities and towns, and on health, public safety, social
welfare, and law enforcement agencies.
Secure federal commitments in a binding written agreement.
o Provide adequate remedies in writing including the right to offset against other
payments owed to the federal government.
Ensure that the next Attorney General will be in a good position to enforce this agreement
o After the current Governor and Attorney General have left office in January 2015.
Outline of Negotiation Draft Attached
Exhibit A, attached, is an outline for your use in negotiating with the federal government, before any
commitments are made that might affect the public health, welfare, and safety of the Commonwealth.
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