Massachusetts 2025 2025-2026 Regular Session

Massachusetts House Bill H2573 Introduced / Bill

Filed 02/27/2025

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HOUSE DOCKET, NO. 3478       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2573
The Commonwealth of Massachusetts
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PRESENTED BY:
Nicholas A. Boldyga
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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 to enhance public safety.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/17/2025 1 of 3
HOUSE DOCKET, NO. 3478       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2573
By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 2573) of 
Nicholas A. Boldyga for legislation to require mandatory cooperation with U.S. Immigration and 
Customs Enforcement by local and state law enforcement agencies.  Public Safety and Homeland 
Security.
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 to enhance public safety.
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. Definitions
2 (a) "Local and State Law Enforcement Agency" shall mean any police department, 
3sheriff's office, or other law enforcement entity established by the Commonwealth of 
4Massachusetts or any of its political subdivisions.
5 (b) "ICE" shall refer to U.S. Immigration and Customs Enforcement, an agency within 
6the Department of Homeland Security responsible for immigration enforcement.
7 (c) "Immigration Detainer" shall mean a request by ICE to a local or state law 
8enforcement agency to hold an individual believed to 	be subject to removal from the United 
9States for an additional period beyond when they would otherwise be released from custody.
10 Section 2. Mandatory Cooperation 2 of 3
11 (a) All local and state law enforcement agencies shall:
12 (1) Honor and comply with ICE immigration detainers, which include requests to notify 
13ICE of the release of an individual and to maintain custody of such individuals for up to 48 hours 
14beyond the time they would otherwise be released to facilitate ICE's assumption of custody.
15 (2) Share pertinent information with ICE regarding the immigration or citizenship status 
16of any individual in their custody, when such information is requested by ICE in the performance 
17of its duties.
18 (3) Participate in joint task forces with ICE when requested for operations aimed at 
19immigration enforcement, provided that such participation does not impede the primary duties of 
20local law enforcement.
21 (b) Exceptions:
22 (1) This cooperation shall not extend to situations where state or federal law explicitly 
23prohibits such actions or where the cooperation would contravene an individual's constitutional 
24rights.
25 (2) Local and state law enforcement may decline to detain an individual solely on an ICE 
26detainer if no probable cause exists for a criminal charge independent of immigration status.
27 Section 3. Training and Resources
28 (a) The Peace Officers Standards and Training Commission shall develop training 
29programs for local and state law enforcement on the legal obligations and procedures for 
30cooperation with ICE. 3 of 3
31 (b) The Commonwealth shall provide resources or seek federal assistance to support local 
32agencies in complying with these requirements, including the costs associated with holding 
33individuals pursuant to ICE detainers.
34 Section 4. Reporting
35 (a) Each local and state law enforcement agency shall report annually to the Secretary of 
36Public Safety and Security on:
37 (1) The number of ICE detainers received and honored.
38 (2) The number of individuals transferred to ICE custody.
39 (3) Any significant issues or legal challenges encountered in the process of cooperation.
40 (b) The Secretary shall compile these reports and submit an annual summary to the 
41Governor and the General Court.
42 Section 5. Enforcement
43 (a) Failure by a local or state law enforcement agency to comply with this act may result 
44in:
45 (1) Review by the Attorney General of Massachusetts, who may seek judicial remedies to 
46enforce compliance.
47 (2) Potential withholding of state funding or grants related to law enforcement activities