Amendment ID: S3072-20-R2

2nd Redraft Amendment 20

Establishing a Commission on Immigration

Ms. Edwards, Ms. Rausch, Mr. Eldridge, Ms. Howard, Mr. Keenan, Ms. Jehlen, Ms. Miranda and Messrs. Gómez and Moore move that the proposed new text be amended by inserting after section 15 the following section:-

Section 15A. (a) There shall be a commission on immigration matters in the commonwealth. The commission shall operate for 3 calendar years starting on the day on which the commission goes into effect; provided, however, that the commission may be extended for up to an additional 3 years upon agreement of the chairs. The commission shall consist of 21 members including: 2 members to be appointed by the governor, 2 members to be appointed by the president of the senate, 1 member appointed by the minority leader of the senate, 2 members to be appointed by the speaker of the house of representatives, 1 member appointed by the minority leader of the house of representatives, 1 member to be appointed by the attorney general, 1 member to be appointed by the department of the trial court, 1 member to be appointed by the office of refugees and immigrants, 1 member to be appointed by the committee for public counsel services, 1 member to be appointed by Greater Boston Legal Services, Inc.; 1  member to be appointed by the Massachusetts Municipal Association; 1 member to be appointed by Neighbor to Neighbor Massachusetts Education Fund Inc.; 1 member to be appointed by the Massachusetts Temporary Protected Status Committee; 1 member to be appointed by the Massachusetts AFL-CIO; 1 member to be appointed by Massachusetts Immigrant and Refugee Advocacy Coalition Inc.; 1 member to be appointed by the Massachusetts Sheriff Association; 1 member to be appointed by the Massachusetts Chiefs of Police Association; and 1 member to be appointed by the Massachusetts District Attorneys Association. An appointing authority may remove a member at the appointing authority’s discretion and shall fill any vacancies. The president of the senate and the speaker of the house of representatives shall each designate a co-chair of the commission from the membership of the commission. Each member of the commission shall be a resident of the commonwealth.

 (b) The commission shall investigate, study and make recommendations regarding immigration matters in the commonwealth, including interactions with federal immigration agencies, including, but not limited to: (i) reviewing the adequacy of existing state statutes, regulations and practices; (ii) formulating appropriate responses to decisions by federal and state courts; (iii) recommending municipal policies including ordinances, by-laws and other regulations; (iv) reviewing immigration legal defense funding and recommending budgetary adjustments to best serve the needs of immigration legal defense efforts; (v) reviewing policies regarding data sharing between state and local agencies and the federal government including, but not limited to the sharing of: (A) criminal offender record information; and (B) fingerprints when not required by state or federal law; (vi)  reviewing the use of state and local facilities, including airports, by the federal government to facilitate immigration enforcement; (vii) reviewing the policies and guidelines issued and adopted by public and private entities related to civil immigration enforcement; (viii) reporting on disaggregated data regarding compliance with said policies and guidelines; (ix) reviewing the powers of state and local law enforcement officers and employees to (A) investigate legal violations by federal officers and employees; and (B) to maintain joint control over crime scenes that may involve a violation of the criminal laws of the commonwealth, and recommending procedures that may be used in the exercise such powers; (x) reviewing language accessibility of the policies public and private entities adopt regarding interactions with civil immigration enforcement; (xi) developing recommendations for proactive measures to protect the preparation for, and administration and implementation of, the 2030 decennial census, pursuant to title 13 of the United States Code, from interference by agents of the United States immigration and customs enforcement agency; and (xii) evaluating and making recommendations regarding safe spaces including, but not limited to, playgrounds, summer camps, public libraries, higher education campuses, other educational entities and locations where funeral services are typically held.

 The commission shall include its findings pursuant to this subsection in at least 1 of the commission’s annual reports issued pursuant to subsection (c).

(c) The commission shall meet not less than 4 times per year. At least annually, the commission shall issue a report and shall submit it to the governor, the attorney general and the clerks of the senate and house of representatives. The report shall include, but not be limited to: (i) the number of commission meetings held, including scheduled and emergency meetings; (ii) the number of hearings held and topics discussed; (iii) any laws, regulations or executive orders proposed by the commission and the results of any votes of the commission taken on such proposals; and (iv) an analysis of latest budget provisions and anticipated future budgetary needs for immigration legal defense efforts.

(d) The commission shall conduct at least one annual public hearing. Not less than 5 days before a public hearing, the commission shall provide notice of the time and location of such hearing.