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| 2 | 2 | | HOUSE DOCKET, NO. 3478 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2573 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Nicholas A. Boldyga |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to enhance public safety. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/17/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3478 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2573 |
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| 18 | 18 | | By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 2573) of |
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| 19 | 19 | | Nicholas A. Boldyga for legislation to require mandatory cooperation with U.S. Immigration and |
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| 20 | 20 | | Customs Enforcement by local and state law enforcement agencies. Public Safety and Homeland |
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| 21 | 21 | | Security. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to enhance public safety. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Section 1. Definitions |
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| 31 | 31 | | 2 (a) "Local and State Law Enforcement Agency" shall mean any police department, |
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| 32 | 32 | | 3sheriff's office, or other law enforcement entity established by the Commonwealth of |
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| 33 | 33 | | 4Massachusetts or any of its political subdivisions. |
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| 34 | 34 | | 5 (b) "ICE" shall refer to U.S. Immigration and Customs Enforcement, an agency within |
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| 35 | 35 | | 6the Department of Homeland Security responsible for immigration enforcement. |
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| 36 | 36 | | 7 (c) "Immigration Detainer" shall mean a request by ICE to a local or state law |
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| 37 | 37 | | 8enforcement agency to hold an individual believed to be subject to removal from the United |
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| 38 | 38 | | 9States for an additional period beyond when they would otherwise be released from custody. |
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| 39 | 39 | | 10 Section 2. Mandatory Cooperation 2 of 3 |
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| 40 | 40 | | 11 (a) All local and state law enforcement agencies shall: |
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| 41 | 41 | | 12 (1) Honor and comply with ICE immigration detainers, which include requests to notify |
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| 42 | 42 | | 13ICE of the release of an individual and to maintain custody of such individuals for up to 48 hours |
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| 43 | 43 | | 14beyond the time they would otherwise be released to facilitate ICE's assumption of custody. |
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| 44 | 44 | | 15 (2) Share pertinent information with ICE regarding the immigration or citizenship status |
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| 45 | 45 | | 16of any individual in their custody, when such information is requested by ICE in the performance |
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| 46 | 46 | | 17of its duties. |
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| 47 | 47 | | 18 (3) Participate in joint task forces with ICE when requested for operations aimed at |
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| 48 | 48 | | 19immigration enforcement, provided that such participation does not impede the primary duties of |
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| 49 | 49 | | 20local law enforcement. |
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| 50 | 50 | | 21 (b) Exceptions: |
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| 51 | 51 | | 22 (1) This cooperation shall not extend to situations where state or federal law explicitly |
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| 52 | 52 | | 23prohibits such actions or where the cooperation would contravene an individual's constitutional |
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| 53 | 53 | | 24rights. |
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| 54 | 54 | | 25 (2) Local and state law enforcement may decline to detain an individual solely on an ICE |
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| 55 | 55 | | 26detainer if no probable cause exists for a criminal charge independent of immigration status. |
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| 56 | 56 | | 27 Section 3. Training and Resources |
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| 57 | 57 | | 28 (a) The Peace Officers Standards and Training Commission shall develop training |
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| 58 | 58 | | 29programs for local and state law enforcement on the legal obligations and procedures for |
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| 59 | 59 | | 30cooperation with ICE. 3 of 3 |
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| 60 | 60 | | 31 (b) The Commonwealth shall provide resources or seek federal assistance to support local |
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| 61 | 61 | | 32agencies in complying with these requirements, including the costs associated with holding |
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| 62 | 62 | | 33individuals pursuant to ICE detainers. |
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| 63 | 63 | | 34 Section 4. Reporting |
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| 64 | 64 | | 35 (a) Each local and state law enforcement agency shall report annually to the Secretary of |
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| 65 | 65 | | 36Public Safety and Security on: |
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| 66 | 66 | | 37 (1) The number of ICE detainers received and honored. |
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| 67 | 67 | | 38 (2) The number of individuals transferred to ICE custody. |
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| 68 | 68 | | 39 (3) Any significant issues or legal challenges encountered in the process of cooperation. |
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| 69 | 69 | | 40 (b) The Secretary shall compile these reports and submit an annual summary to the |
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| 70 | 70 | | 41Governor and the General Court. |
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| 71 | 71 | | 42 Section 5. Enforcement |
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| 72 | 72 | | 43 (a) Failure by a local or state law enforcement agency to comply with this act may result |
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| 73 | 73 | | 44in: |
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| 74 | 74 | | 45 (1) Review by the Attorney General of Massachusetts, who may seek judicial remedies to |
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| 75 | 75 | | 46enforce compliance. |
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| 76 | 76 | | 47 (2) Potential withholding of state funding or grants related to law enforcement activities |
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