HOUSE DOCKET, NO. 3596        FILED ON: 1/17/2025

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The Commonwealth of Massachusetts

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PRESENTED BY:

Christine P. Barber and David M. Rogers

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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 immigration detention and collaboration agreements.

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PETITION OF:

HOUSE DOCKET, NO. 3596        FILED ON: 1/17/2025

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The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act relative to immigration detention and collaboration agreements.

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 6 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 222 the following new sections:-

Section 223. (a) As used in this section, the following words shall have the following meanings:

“Covered entity”, any of the following entities, or any of their agents, officers, employees, agencies, or departments: the Commonwealth, any law enforcement agency, or any county, city, town, district, or authority in the Commonwealth.

“Immigration collaboration agreement”, any contract, agreement, memorandum of understanding or other arrangement, whether formal or informal, that grants federal immigration enforcement authority or powers to any covered entity, including, but not limited to, an agreement made pursuant to 8 U.S.C. § 1357(g).

“Immigration detention agreement”, any contract, agreement, memorandum of understanding, intergovernmental service agreement, or other arrangement, whether formal or informal, with any covered entity to arrest, detain, or house any person for the purpose of civil immigration detention.

“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, hospital police departments, the Department of Corrections, Massachusetts State Police, the Department of Youth Services, and any council, consortium, or professional association of any of the foregoing entities.

(b) After the effective date of this Act, no covered entity may:

(1) enter into an immigration collaboration agreement or immigration detention agreement; or

(2) extend or renew an existing immigration collaboration agreement or immigration detention agreement.

(c) Any party to an existing agreement governed by this section shall terminate such agreement as soon as practicable; provided that any immigration collaboration agreement shall be terminated no later than 30 days from the effective date of this Act and any immigration detention agreement shall be terminated no later than 90 days from the effective date of this Act.

(d) Whenever the Attorney General has reason to believe that any person or entity is violating the provisions of this section, the Attorney General 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.