Amendment #403 to H4000

An Act relative to facilitating assistance with federal operations

Mr. Lombardo of Billerica moves to amend the bill by inserting at the end thereof the following new outside section:-

SECTION 1. Chapter 276 of the General Laws as appearing in the 2022 Official Addition is hereby amended by inserting after Section 103 the following section:-

SECTION 104. (a) Definitions. As used in this section the following words shall have the following meanings, unless the context clearly requires otherwise:

"ICE detainer" means a valid request from Immigration and Customs Enforcement directing that an individual be held beyond the expiration of local custody solely for the purpose of initiating federal removal proceedings.

"Law Enforcement Agency" means an agency in this commonwealth charged with enforcement of state and federal laws, or with managing custody of detained persons in this commonwealth, and includes, but not limited to, Municipal Police, State Police, Campus Police, the Executive Office of Public Safety and Security, Departments of Correction, and Sheriff's Departments. This also includes officials, representatives, agents, and employees of an agency as mentioned above.

"Official" means an agent, employee, member, or representative of a state governmental entity.

"Courts" means all Massachusetts Courts within the judicial branch of the Commonwealth of Massachusetts as established by the Massachusetts Constitution and the Acts of the General Court.

"EOPSS" means the Executive Office of Public Safety and Security.

"287(g) Program" means Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 which was added to the Immigration and Nationality Act. This section authorized U.S. Immigration and Customs Enforcement (ICE) to delegate to state and local law enforcement officers the authority to perform specific immigration officer functions under the agency's direction and oversite.

(b) All Massachusetts Courts and Law Enforcement Agencies shall honor ICE detainers for individuals in their custody. The subject of the ICE detainer shall be held in custody for up to forty-eight hours to facilitate the transfer from state or municipal custody to federal custody.

(c) The Registrar of Motor Vehicles shall immediately provide the Department of Immigration and Customs Enforcement access to the Registry of Motor Vehicles data for investigation purposes.

(d) The Secretary of the Executive Office of Public Safety and Security (EOPSS) shall maintain 287(g) Program agreements with Immigration and Customs and Customs Enforcement. At all times, no less than five percent of employees at the Department of Corrections shall be properly trained under the 287(g) Program.

Additional co-sponsor(s) added to Amendment #403 to H4000

An Act relative to facilitating assistance with federal operations