1 of 1
HOUSE DOCKET, NO. 3902 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1401
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Antonio F. D. Cabral
_________________
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.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/20/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Orlando Ramos9th Hampden1/26/2023Christopher Hendricks11th Bristol1/26/2023James K. Hawkins2nd Bristol1/27/2023Paul A. Schmid, III8th Bristol2/1/2023Vanna Howard17th Middlesex2/1/2023Mindy Domb3rd Hampshire2/8/2023Steven Owens29th Middlesex2/10/2023Christine P. Barber34th Middlesex2/14/2023Erika Uyterhoeven27th Middlesex2/22/2023Patricia A. Duffy5th Hampden2/22/2023Tricia Farley-Bouvier2nd Berkshire2/23/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023Samantha Montaño15th Suffolk2/25/2023Ruth B. Balser12th Middlesex3/2/2023 1 of 4
HOUSE DOCKET, NO. 3902 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1401
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1401) of
Antonio F. D. Cabral and others relative to existing agreements by the Commonwealth, law
enforcement agencies, municipalities, or other subdivisions. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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:
1 SECTION 1. Chapter 12 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after Section 5O the following new sections:-
3 Section 5P.
4 (a) As used in this section, the following words shall have the following meanings:
5 “Agreement”, any contract, agreement, memorandum of understanding, or other
6arrangement to arrest, detain, or house any person for the purpose of civil immigration detention,
7including for the purpose of detention pursuant to Sections 1225, 1226, or 1231 of Title 8 of the
8United States Code; and any contract, agreement, memorandum of understanding, or other
9arrangement pursuant to Section 1357(g) of Title 8 of the United States Code.
10 "Law enforcement agency”, an agency in the Commonwealth charged with enforcement
11of state and municipal laws or with managing custody of detained or incarcerated persons in the 2 of 4
12state, including but not limited to municipal police departments, sheriff's departments, campus
13police departments, the Department of Corrections, Massachusetts State Police, and the
14Department of Youth Services.
15 (b) The Commonwealth and any law enforcement agencies, municipalities, or other
16subdivisions thereof shall not be authorized to enter into a new agreement, to extend, modify or
17renew an existing agreement, or to remain in an existing agreement longer than ninety days from
18the date on which this act takes effect.
19 (c) The Attorney General may promulgate rules and regulations for purposes of
20implementing this section.
21 (d) Nothing in this Section shall preclude an employee or representative of a law
22enforcement agency from otherwise executing that person’s professional duties in ensuring
23public safety, provided that they do not make, extend, modify, renew, or remain in an agreement
24in violation of this section.
25 (e) Whenever the Attorney General has reason to believe that any person or entity is
26violating the provisions of this section, he or she may bring an action in the name of the
27Commonwealth against such person or entity to restrain such violation by temporary restraining
28order or preliminary or permanent injunction. The action may be brought in the Superior Court
29of the county in which such violation is occurring or is reasonably anticipated to occur, or in the
30Superior Court of Suffolk County, at the Attorney General’s election. Nothing herein shall
31preclude a private action concerning any violation of this section against any person or entity, to
32the extent otherwise permitted by law.
33 Section 5Q. 3 of 4
34 (a) As used in this section, the following words shall have the following meanings:
35
36 “Law enforcement agency”, the sheriffs and their offices and departments, and the police
37departments of municipalities and other subdivisions of the Commonwealth.
38
39 “Agreement”, any contract, agreement, or memorandum of understanding to which the
40government of the United States is party, regardless of subject matter.
41
42 “Deputization”, any deputization by the government of the United States or any other
43conferral of authority to act with the power of an officer or employee of the government of the
44United States, including pursuant to Sections 0.19(a)(3) and 0.112 of title 28 of the Code of
45Federal Regulations.
46
47 (b) Prior to agreeing to or otherwise accepting any agreement or deputization, or
48authorizing any employee to agree to or otherwise accept any agreement or deputization, a law
49enforcement agency must seek and receive written authorization from the Governor or the
50Governor’s written designee. Such authorization shall be memorialized in writing and signed by
51the Governor or his or her designee, and a copy of the writing shall promptly be transmitted to
52the Executive Office of Public Safety and Security, which shall retain it for as long as the law
53may require, but in any event no less than six years after the date of execution or after the
54authorization expires, whichever is later. 4 of 4
55
56 (c) The Executive Office of Public Safety and Security may promulgate rules and
57regulations for purposes of implementing this section.
58
59 (d) Whenever the Attorney General has reason to believe that any person or entity is
60violating the provisions of this section, he or she may bring an action in the name of the
61Commonwealth against such person or entity to restrain such violation by temporary restraining
62order or preliminary or permanent injunction. The action may be brought in the Superior Court
63of the county in which such violation is occurring or is reasonably anticipated to occur, or in the
64Superior Court of Suffolk county, at the Attorney General’s election. Nothing herein shall
65preclude a private action concerning any violation of this section against any person or entity, to
66the extent otherwise permitted by law.
67 (e) Nothing herein shall be construed to expand the authority of the Governor, the
68Commonwealth, or any municipality or other subdivision thereof to enter into any agreement, or
69accept any deputization, that is not otherwise authorized by law.
70 SECTION 2. This act shall take effect upon its passage.
71