2 Ice Planes Land Same Day at Hanscom

When Hanscom Airfield was first taken over by Massport, there was immense community opposition in Lexington, Concord, and surrounding towns because people did not want a major second Boston airport, as the infrastructure to support it was non-existent and it also would have changed the character of the Minuteman National Park, nearly an abutter.

The result was a compromise for a small regional airfield, where jets of more than 60 seats would not be allowed. This agreement, limiting commercial airlines to 60 seats, was codified into law in the act enabling Massport to acquire the airport in 1980. The FAA sued, saying that FAA rules preempted local airport authorities from restricting operations in this way. Massachusetts won. The court ruled that the propriator of Hanscom Field could make non-discriminatory decisions about the types of aircraft and hours of operation. The same proprietor arguments also won Massport the right to charge higher landing fees to small aircraft so as to relieve congestion at Logan, and encourage them to use Hanscom,

In 1990, a federal aviation act gave the FAA control over all aspects of airport operation if they received federal money, but most importantly, grandfathered in existing restrictions such as the one at Hanscom, making it legally unassailable.

But Massport did not uniformly enforce the law. Although they restricted all scheduled service at Hanscom to planes with less than 60 seats, they did not restrict charter flights which the FAA regulates in the same commericial aircraft operator bucket at scheduled flights. As far as the FAA is concerned, a GlobalX Ice Charter flight and a Delta Flight are exactly the same.

Now ICE has made Hanscom the primary airport for deportations from the entire New England region, with three flights a week. On Wednesday two 737 Eastern charters for ICE were on the ground at the same time. This is a total violation of Massport’s legal commitment. Massport has not lifted a finger to protect its original rule to keep planes larger than 60 seats out of Hanscom.

Our campaign to get Massport to stop all ICE flights at Hanscom is moving into higher gear. You have sent nearly 800 letters and emails to Massport, its Board of Directors, and Governor Healey demanding that these flights that violate the due process rights of Massachusetts residents be stopped immediately.

Massport has claimed their hands are tied, that federal preemption and the actions of their contractors called fixed base operators (FBOs) who lease space from Massport, and service the airplanes and collect the landing fees, cannot be controlled. We have found that is not true. It is a matter of will, not of necessity or preemption. We are gearing up to give them the will to take action, in line with the demands of Governor Healey to DHS, and act to halt these flights from Hanscom.

Keep writing in our letter campaign. In the next week or two we will have a new letter and contact everyone who has participated so far, to welcome you to round 2. We are making progress, and the goal of no deportation flights from Hanscom is coming into sight.