Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2580 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3816 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2580
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Manny Cruz and Priscila S. Sousa
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 to protect the civil rights and safety of all Massachusetts residents.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/17/2025Lindsay N. Sabadosa1st Hampshire1/22/2025Carmine Lawrence Gentile13th Middlesex1/22/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/3/2025David Paul Linsky5th Middlesex2/3/2025Danillo A. Sena37th Middlesex2/3/2025Rodney M. Elliott16th Middlesex2/3/2025Rebecca L. RauschNorfolk, Worcester and Middlesex2/3/2025Mike Connolly26th Middlesex2/3/2025Samantha Montaño15th Suffolk2/3/2025Sean Reid11th Essex2/3/2025Erika Uyterhoeven27th Middlesex2/11/2025Steven Owens29th Middlesex2/11/2025Natalie M. Higgins4th Worcester2/11/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/11/2025John Francis Moran9th Suffolk2/11/2025James K. Hawkins2nd Bristol2/11/2025James C. Arena-DeRosa8th Middlesex2/12/2025 2 of 2
16	16	Jason M. LewisFifth Middlesex2/12/2025Marjorie C. Decker25th Middlesex2/18/2025Christine P. Barber34th Middlesex2/19/2025Tara T. Hong18th Middlesex2/19/2025Carlos González10th Hampden2/19/2025James Arciero2nd Middlesex2/24/2025Mindy Domb3rd Hampshire3/3/2025Tommy Vitolo15th Norfolk3/4/2025Mary S. Keefe15th Worcester3/5/2025Christopher J. Worrell5th Suffolk3/6/2025Kevin G. Honan17th Suffolk3/7/2025Frank A. Moran17th Essex3/10/2025 1 of 6
17	17	HOUSE DOCKET, NO. 3816 FILED ON: 1/17/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2580
19	19	By Representatives Cruz of Salem and Sousa of Framingham, a petition (accompanied by bill,
20	20	House, No. 2580) of Manny Cruz, Lindsay N. Sabadosa and others 19-20: relative to
21	21	introductory and in-service training programs of law enforcement agencies in the
22	22	Commonwealth 21-22: relative to local and state law enforcement involvement in federal
23	23	immigration enforcement 23-24: for legislation to prohibit local and state involvement in federal
24	24	immigration enforcement, unless required by law. Public Safety and Homeland Security.
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	An Act to protect the civil rights and safety of all Massachusetts residents.
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 1. This act shall be known and may be cited as the “Safe Communities Act”
34	34	2 SECTION 2. Chapter 147 of the General Laws is hereby amended by inserting after
35	35	3section 62 the following section:-
36	36	4 Section 63. Updates to Law Enforcement Procedures
37	37	5 (a) Definitions
38	38	6 As used in this section, the following words shall have the following meanings, unless the
39	39	7context clearly requires otherwise:
40	40	8 “Law enforcement agency”, any state, municipal, college or university police department,
41	41	9sheriff’s department, correctional facility, prosecutorial office, court, probation office, or 2 of 6
42	42	10program of one or more of the foregoing entities, or any other non-federal entity in the
43	43	11commonwealth charged with the enforcement of laws or the custody of detained persons.
44	44	12 “Immigration enforcement”, any and all efforts to investigate, enforce, or assist in
45	45	13investigating or enforcing any federal immigration law. Such purposes do not include
46	46	14verification of an applicant’s eligibility for state or federal programs or services.
47	47	15 “United States Department of Homeland Security” or “DHS”, the United States
48	48	16Department of Homeland Security and its component agencies, including Immigration and
49	49	17Customs Enforcement, the former Immigration and Naturalization Service, Customs and Border
50	50	18Protection, and any other federal agency charged with enforcing immigration laws.
51	51	19 (b) Community relations with law enforcement agencies
52	52	20 Notwithstanding any general or special law to the contrary, no officer or employee of a
53	53	21law enforcement agency, while acting under color of law, shall question persons, including
54	54	22victims and witnesses of crimes, about their immigration status unless state or federal law
55	55	23requires the inquiry, provided that judges and magistrates may make such inquiries as are
56	56	24necessary to adjudicate matters within their jurisdictions.
57	57	25 (c) Due process protections
58	58	26 Notwithstanding any general or special law to the contrary, an interview, including any
59	59	27informal questioning, between an agent of the United States Department of Homeland Security
60	60	28or an officer or employee of a law enforcement agency and a person in the custody of a law
61	61	29enforcement agency conducted for immigration enforcement purposes shall take place only if the
62	62	30person in custody gives informed consent by signing a written consent form provided by the law 3 of 6
63	63	31enforcement agency. The consent form shall explain that: (i) the interview is for immigration
64	64	32enforcement or deportation purposes; (ii) any information provided at the interview can be used
65	65	33against the person; (iii) the person may decline to sign any documents that are presented during
66	66	34 the interview; and (iv) the person may choose to decline the interview or to be
67	67	35interviewed only with an attorney present, at the person’s own expense. The consent form shall
68	68	36provide a checkbox or other means to indicate if an interview has taken place, and if so, if an
69	69	37attorney was present. The consent form shall be available in English and other languages
70	70	38commonly spoken in Massachusetts. The law enforcement agency shall make best efforts to
71	71	39provide a consent form that is in a language that the person understands, and to provide oral
72	72	40interpretation if needed, in order to obtain the person’s informed consent for the interview. The
73	73	41office of the attorney general shall prepare the consent form and make it available to law
74	74	42enforcement agencies, and may work with interested not-for-profit organizations to prepare
75	75	43translations of the form.
76	76	44 Any and all records relating to the granting of these interviews or questioning shall be
77	77	45public records as defined in paragraph 26 of section 7 of chapter 4, provided that names,
78	78	46addresses, phone numbers and other personal identifying information shall not be a public
79	79	47record. These records include the signed consent forms obtained before the interviews, and
80	80	48information about whether the interview or questioning was conducted in the presence of an
81	81	49attorney.
82	82	50 (d) The preceding subsections (b) and (c) shall not apply to interviews or questioning of
83	83	51persons who are held in Massachusetts correctional facilities under an Inter-Governmental
84	84	52Service Agreement with the United States Department of Homeland Security, provided, 4 of 6
85	85	53however, that persons who are booked into a correctional facility under such an agreement shall
86	86	54be advised at the booking that the person (i) has the right to seek legal counsel from an
87	87	55immigration attorney at their own expense; (ii) may choose to decline to speak with a DHS agent
88	88	56or to speak with the DHS agent only with an attorney present; and (iii) may decline to sign any
89	89	57documents presented by a DHS agent.
90	90	58 (e) Guidelines for reporting release information
91	91	59 Notwithstanding any general or special law to the contrary, no officer or employee of a
92	92	60law enforcement agency shall initiate communication with the United States Department of
93	93	61Homeland Security about the pending or imminent release, from state, local or county custody,
94	94	62of a person who is being released for any reason other than the end of a sentence of incarceration
95	95	63for a criminal conviction; provided, however, that nothing in this section shall prohibit or restrain
96	96	64any state or local agency from sending to, or receiving from, any local, state, or federal agency,
97	97	65information regarding citizenship or immigration status.
98	98	66 If a law enforcement agency receives a request for notification from the United States
99	99	67Department of Homeland Security regarding a person in its custody, including a request for
100	100	68notification under to federal form I-247A or I-247N, the law enforcement agency shall inform
101	101	69the person of the request and shall provide the person with a copy of the request and copies of
102	102	70any other documentation pertaining to the person’s case that is presented to the law enforcement
103	103	71agency by the United States Department of Homeland Security.
104	104	72 (f) Implementation and training
105	105	73 Notwithstanding any general or special law to the contrary, all law enforcement agencies
106	106	74in the commonwealth shall, within 12 months of passage of this act, incorporate information and 5 of 6
107	107	75guidance regarding this section into their regular introductory and in-service training programs.
108	108	76An individual may file a complaint for a violation of this section with the corresponding
109	109	77department or agency, which shall investigate the complaint. At the conclusion of the
110	110	78investigation, the agency head shall provide the executive office of public safety and security
111	111	79with a written summary of the investigation’s findings. If the agency head substantiates the
112	112	80allegations, the written summary shall provide details of the specific actions taken to correct the
113	113	81violation as well as details of the sanctions imposed on the subjects of the investigation, if any.
114	114	82Findings made under this subsection shall be public records as defined in paragraph 26 of section
115	115	837 of chapter 4, provided that personal identifying information shall not be a public record.
116	116	84 SECTION 3. Chapter 126 of the General Laws is hereby amended by inserting after
117	117	85section 39 the following section:-
118	118	86 Section 40. Notwithstanding any general or special law to the contrary, no officer or
119	119	87employee of the department of corrections, the state police, any sheriff’s department, or any city
120	120	88or town police department shall perform the functions of an immigration officer, whether
121	121	89pursuant to 8 U.S.C. section 1357(g) or any other law, regulation, or policy, whether formal or
122	122	90informal. Any agreements in existence at the time of the passage of the law that are inconsistent
123	123	91with this section are null and void. Any entity of the commonwealth or any political subdivision
124	124	92thereof that is a party to such an agreement on the date of the passage of this act shall, within 90
125	125	93days, inform the other party or parties that the contract is null and void under Massachusetts law.
126	126	94Nothing in this section shall prohibit the department of correction or a house of correction from
127	127	95entering into an Inter-Governmental Service Agreement with the United States Department of
128	128	96Homeland Security in which persons in Immigration and Customs Enforcement custody are 6 of 6
129	129	97housed at the house of correction and the United States Department of Homeland Security pays a
130	130	98daily fee for each person detained there.