This bill modifies Massachusetts law regarding immigration cooperation and emergency housing assistance. For public safety, it requires state/local law enforcement to detain certain individuals for up to 12 hours (with judicial review within that timeframe) when ICE requests custody for non-citizens convicted of specific serious offenses like terrorism, gang activity, or violent crimes. For emergency housing, it restricts eligibility to U.S. citizens or immigrants with 12 consecutive months of continuous Massachusetts residency, requiring specific documentation (e.g., tax returns, driver's license, utility bills) and prohibiting fraudulent applications. These changes directly affect immigrants seeking housing assistance and law enforcement agencies handling ICE requests.
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1096) of Ryan C. Fattman, Alyson M. Sullivan-Almeida and Steven George Xiarhos for legislation to support and honor detention requests by the United States Immigration and Customs Enforcement. The Judiciary.
HD 4222 allows Massachusetts court officers to detain non-citizens for up to 12 hours at the direction of a judicial officer, specifically when ICE provides a written request and an arrest warrant, and the judicial officer determines the person poses a public safety threat based on specific criminal convictions. It directly affects court officers, judicial officers, and non-citizens with certain prior convictions (e.g., terrorism, gang-related offenses, violent crimes, or specific felonies). The bill requires judicial officers to document reasons for denying ICE requests and maintains these records publicly, while also requiring judges to consider ICE detainer requests when setting bail. It does not create new immigration enforcement powers but modifies court procedures for handling ICE requests related to public safety. The bill focuses on concrete procedural changes within existing legal frameworks.
HD 3816, the "Safe Communities Act," prohibits Massachusetts law enforcement from asking about immigration status during routine interactions (except when legally required) and restricts cooperation with federal immigration enforcement. It requires written consent with clear explanations in multiple languages before DHS interviews of people in custody, and bans automatic notifications to DHS about individuals' release from custody (except for end-of-sentence releases). The law also prohibits police from acting as immigration officers under federal agreements and mandates training for law enforcement on these provisions. These changes directly affect all Massachusetts residents, especially immigrant communities, and apply to state/local police, sheriffs, and correctional facilities.
By Mr. Durant, a petition (accompanied by bill, Senate, No. 1675) of Peter J. Durant, John R. Gaskey, Joseph D. McKenna, Donald R. Berthiaume, Jr. and others for legislation to further define sanctuary policies in the commonwealth. Public Safety and Homeland Security.
HD 4221 requires Massachusetts law enforcement officers and court personnel to hold individuals for up to 36 hours when U.S. Immigration and Customs Enforcement (ICE) provides a written request for detention, mandating that the person receive a copy of the request. It also directs judges to consider ICE detainer requests when setting or modifying bail for people in custody, specifically if ICE has a written request and an administrative warrant for removal exists. The bill directly affects individuals in state custody with active ICE requests, law enforcement officers, and judges handling bail hearings. Key provisions establish a 36-hour detention window for ICE transfers and require judges to factor ICE requests into bail decisions under Chapter 276.
This bill prohibits Massachusetts state and local government agencies (including police departments, sheriff's offices, and correctional facilities) from entering new agreements with federal immigration authorities for immigration enforcement or detention. It also requires all existing agreements of this type to end within 30 days (for enforcement agreements) or 90 days (for detention agreements) after the law takes effect. The Attorney General can enforce the law by seeking court orders to stop violations. The bill directly affects how Massachusetts law enforcement interacts with federal immigration authorities regarding detention and enforcement.
This bill creates Massachusetts' Immigrant Legal Defense Fund to provide free legal representation for eligible immigrants facing deportation. It directly affects income-eligible individuals in Massachusetts who lack legal counsel during immigration court proceedings (including detention, expedited removals, or appeals), defined as those with household incomes under 200% of the federal poverty level. Key mechanisms include funding competitive grants to legal providers, establishing a statewide "Coordinator" nonprofit to manage referrals and culturally responsive services, and requiring free representation starting before the first court appearance. The fund will cover legal costs, filings, interpretation, and case management for detained individuals and those at immediate risk of deportation.
By Representative Lombardo of Billerica, a petition (subject to Joint Rule 12) of Marc T. Lombardo relative to civil immigration detainers and state and local law cooperation with U.S. Immigration and Customs Enforcement. Public Safety and Homeland Security.
By Mr. Durant, a petition (accompanied by bill, Senate, No. 1675) of Peter J. Durant, John R. Gaskey, Joseph D. McKenna, Donald R. Berthiaume, Jr. and others for legislation to further define sanctuary policies in the commonwealth. Public Safety and Homeland Security.