HOUSE DOCKET, NO. 3902        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1401

The Commonwealth of Massachusetts

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PRESENTED BY:

Antonio F. D. Cabral

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to Massachusetts state sovereignty.

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PETITION OF:

HOUSE DOCKET, NO. 3902        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1401

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to Massachusetts state sovereignty.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 5O the following new sections:-

Section 5P. 

(a) As used in this section, the following words shall have the following meanings:

“Agreement”, any contract, agreement, memorandum of understanding, or other arrangement to arrest, detain, or house any person for the purpose of civil immigration detention, including for the purpose of detention pursuant to Sections 1225, 1226, or 1231 of Title 8 of the United States Code; and any contract, agreement, memorandum of understanding, or other arrangement pursuant to Section 1357(g) of Title 8 of the United States Code.

"Law enforcement agency”, an agency in the Commonwealth charged with enforcement of state and municipal laws or with managing custody of detained or incarcerated persons in the state, including but not limited to municipal police departments, sheriff's departments, campus police departments, the Department of Corrections, Massachusetts State Police, and the Department of Youth Services.

(b) The Commonwealth and any law enforcement agencies, municipalities, or other subdivisions thereof shall not be authorized to enter into a new agreement, to extend, modify or renew an existing agreement, or to remain in an existing agreement longer than ninety days from the date on which this act takes effect.

(c) The Attorney General may promulgate rules and regulations for purposes of implementing this section.

(d) Nothing in this Section shall preclude an employee or representative of a law enforcement agency from otherwise executing that person’s professional duties in ensuring public safety, provided that they do not make, extend, modify, renew, or remain in an agreement in violation of this section.

(e) Whenever the Attorney General has reason to believe that any person or entity is violating the provisions of this section, he or she may bring an action in the name of the Commonwealth against such person or entity to restrain such violation by temporary restraining order or preliminary or permanent injunction. The action may be brought in the Superior Court of the county in which such violation is occurring or is reasonably anticipated to occur, or in the Superior Court of Suffolk County, at the Attorney General’s election.  Nothing herein shall preclude a private action concerning any violation of this section against any person or entity, to the extent otherwise permitted by law.

Section 5Q. 

(a) As used in this section, the following words shall have the following meanings:

“Law enforcement agency”, the sheriffs and their offices and departments, and the police departments of municipalities and other subdivisions of the Commonwealth.

“Agreement”, any contract, agreement, or memorandum of understanding to which the government of the United States is party, regardless of subject matter.

“Deputization”, any deputization by the government of the United States or any other conferral of authority to act with the power of an officer or employee of the government of the United States, including pursuant to Sections 0.19(a)(3) and 0.112 of title 28 of the Code of Federal Regulations.

(b) Prior to agreeing to or otherwise accepting any agreement or deputization, or authorizing any employee to agree to or otherwise accept any agreement or deputization, a law enforcement agency must seek and receive written authorization from the Governor or the Governor’s written designee.  Such authorization shall be memorialized in writing and signed by the Governor or his or her designee, and a copy of the writing shall promptly be transmitted to the Executive Office of Public Safety and Security, which shall retain it for as long as the law may require, but in any event no less than six years after the date of execution or after the authorization expires, whichever is later.   

(c) The Executive Office of Public Safety and Security may promulgate rules and regulations for purposes of implementing this section. 

(d) Whenever the Attorney General has reason to believe that any person or entity is violating the provisions of this section, he or she may bring an action in the name of the Commonwealth against such person or entity to restrain such violation by temporary restraining order or preliminary or permanent injunction. The action may be brought in the Superior Court of the county in which such violation is occurring or is reasonably anticipated to occur, or in the Superior Court of Suffolk county, at the Attorney General’s election.  Nothing herein shall preclude a private action concerning any violation of this section against any person or entity, to the extent otherwise permitted by law.

(e) Nothing herein shall be construed to expand the authority of the Governor, the Commonwealth, or any municipality or other subdivision thereof to enter into any agreement, or accept any deputization, that is not otherwise authorized by law.

SECTION 2. This act shall take effect upon its passage.