Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2079 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1386 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2079
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marc T. Lombardo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to sanctuary cities and towns.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marc T. Lombardo22nd Middlesex1/18/2023 1 of 3
16	16	HOUSE DOCKET, NO. 1386 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2079
18	18	By Representative Lombardo of Billerica, a petition (accompanied by bill, House, No. 2079) of
19	19	Marc T. Lombardo for legislation to prohibit cities or towns from failing to enforce federal
20	20	immigration laws by designating themselves as sanctuary cities and to withhold unrestricted
21	21	general government aid to cities and towns for non-compliance. Municipalities and Regional
22	22	Government.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 2186 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act relative to sanctuary cities and towns.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION XX. Chapter 39 of the General Laws, as appearing in the 2014 Official
34	34	2Edition, is hereby amended by adding the following new section:-
35	35	3 Section 1. As used in this act the following words shall, unless the context clearly
36	36	4requires otherwise, have the following meanings:-
37	37	5 “Illegal immigrant”, an individual who is not a United States citizen and who is not
38	38	6lawfully present in the United States.
39	39	7 “Political subdivision”, city, town, or country. 2 of 3
40	40	8 “Satisfactory immigration status”, immigration status under which an individual who is
41	41	9not a United States citizen is lawfully present in this country.
42	42	10 Section 2. (a) A political subdivision may not enact an ordinance, adopt a resolution, or
43	43	11establish a policy that prohibits an employee of that political subdivision from doing any of the
44	44	12following:
45	45	13 1. Inquiring whether an individual who has been lawfully detained or arrested has
46	46	14satisfactory immigration status.
47	47	15 2. With regard to the immigration status of any individual who has been lawfully
48	48	16detained or arrested, sending the information to, or requesting or receiving information from, the
49	49	17federal government. Such information may include information regarding an individual's place
50	50	18of birth, and such information may be maintained by the political subdivision and may be
51	51	19exchanged with another political subdivision, another state, and with the federal government.
52	52	20 3. Assisting or cooperating with a federal immigration officer, including the provision of
53	53	21enforcement assistance.
54	54	22 4. Permitting a federal immigration officer to enter and conduct immigration enforcement
55	55	23activities in any building or facility under the control of the political subdivision.
56	56	24 (b) If a political subdivision has in effect on the effective date of this legislation, an
57	57	25ordinance, resolution, or policy that is inconsistent with par. (a), the ordinance, resolution, or
58	58	26policy does not apply and may not be enforced.
59	59	27 Section 3. (a) If the attorney general, a district attorney, or a police chief believes that a
60	60	28political subdivision is failing to comply with the requirements of sub. (2) (a), the attorney 3 of 3
61	61	29general, or the district attorney or police chief with the appropriate jurisdiction, may file a writ of
62	62	30mandamus with the Superior Court, for the county where the alleged failure to comply with sub.
63	63	31(2) (a) occurred to compel the noncomplying political subdivision to comply with the
64	64	32requirements.
65	65	33 (b) If the court finds that the political subdivision has failed to comply with sub. (2) (a),
66	66	34the court shall notify the Department of Revenue of its finding of noncompliance and the
67	67	35Department of Revenue shall reduce the amount unrestricted government aid payments to the
68	68	36political subdivision in the following year by one of the following amounts for each day after the
69	69	37filing of an action under par. (a) that the political subdivision was noncompliant:
70	70	38 1. If the population of the political subdivision is less than 10,000, $2,000.
71	71	39 2. If the population of the political subdivision is at least 10,000 but less than 100,000,
72	72	40$5,000.
73	73	41 3. If the population of the political subdivision is at least 100,000 but less than 250,000,
74	74	42$10,000.
75	75	43 4. If the population of the political subdivision is 250,000 or more, $15,000.