Senate Commerce Committee debates subpoena for Massport; narrower amendment fails, Martha’s Vineyard probe added; final vote postponed

Sen. Ted Cruz, chairman of the Senate Committee on Commerce, Science and Transportation, urged the panel to authorize a subpoena to the Massachusetts Port Authority (Massport) on grounds that Massport has not produced documents about people sheltered at Logan International Airport.

"We will be making a motion to authorize a subpoena to Massachusetts Port Authority today," Cruz said, framing the request as part of the committee's oversight role and saying Massport "stood as an outlier" in refusing to provide documents the committee sought.

The committee debate focused on whether compulsory process was warranted now that Massport's chief executive had, in a letter, promised responses to written questions by March 10. Sen. Maria Cantwell, the committee's ranking member, urged patience and argued the subpoena authorization was premature because Massport had committed in writing to respond. Cantwell read a portion of a Massport letter into the record and asked members to "forego issuing subpoenas until you have seen our complete response. March 10 is Monday coming up." Cantwell said the August 9 correspondence from the committee had been a preservation letter, not a demand for production, and that Massport had since pledged voluntary cooperation.

Several Democrats, including Sen. Gary Peters, said effective oversight should be bipartisan and used as a last resort. Peters called the Massport motion "premature and overbroad" and said the recipient had agreed to provide information voluntarily. Sen. Edward J. Markey argued the specific issue the committee should consider was aviation safety and other immediate jurisdictional matters, and he directly disputed the chairman's timeline: "There are no migrants sheltering at Logan Airport. None," Markey said, adding that reported sheltering had ended in July 2024.

Chairman Cruz said his office had sent repeated letters and follow-ups beginning March 2024 and, after receiving no documents, a preservation notice on Aug. 9, 2024. Cruz said Massport had refused to provide the documents the committee sought and that the authorization vote before the panel would permit the chair to issue a subpoena if warranted. "Massport's behavior was markedly different," Cruz said, contrasting it with compliance from authorities that operate JFK and O'Hare.

Sen. Marsha Blackburn formally moved the committee resolution authorizing the chairman to seek a subpoena to Massport for: (1) documents and communications referring or relating to sheltering illegal aliens at Logan; (2) documents and communications referring or relating to security incidents or law enforcement actions involving illegal aliens at Logan or on aircraft into/out of Logan; and (3) organizational charts and documents identifying individuals and entities involved in any sheltering at Logan. A second was noted but not named in the transcript.

Sen. Markey offered an amendment to narrow any subpoena to the written questions originally sent by the then-ranking member in March 2024; the committee voted on that amendment and it failed, with the no's 15 and the yeses 13. Markey later offered a separate amendment to add authority to seek documents related to a September 2022 charter flight that brought migrants to Martha's Vineyard; the chair accepted that amendment and the transcript records it as adopted.

The clerk called the roll on the Massport subpoena authorization, but the committee lacked a quorum to complete the final vote on the chair's subpoena authorization. The chairman said the panel would reconvene later the same day to finish business. The committee did resolve the amendment votes that were reached by proxy, but the principal motion to authorize issuance of a subpoena to Massport was not finally decided during the session.

The debate highlighted partisan disagreement over scope and timing: Republicans argued repeated communications and a preservation letter justified permitting the chair to compel documents; Democrats argued Massport had committed to answer written questions within days and that subpoenas should remain a last resort. Several senators also urged the committee to prioritize aviation-safety oversight and other jurisdictional matters while Massport's voluntary response was pending.

Votes at a glance: the Markey amendment to limit the subpoena to the March 2024 written questions failed (yes: 13; no: 15). A separate amendment to add authority to investigate the 2022 Martha’s Vineyard charter was adopted (tally not specified). The motion to authorize a subpoena to Massport was moved and seconded but not finally voted on because the committee did not have a quorum to complete the roll call.

The committee adjourned and said it would reconvene later the same day to resolve the outstanding motion.