| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | SENATE DOCKET, NO. 2077 FILED ON: 1/17/2025 |
|---|
| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1096 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Ryan C. Fattman |
|---|
| 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 supporting and honoring Immigration and Customs Enforcement lawful detainments |
|---|
| 13 | 13 | | (SHIELD Act). |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and HampdenAlyson M. Sullivan-Almeida7th PlymouthSteven George Xiarhos5th Barnstable3/3/2025 1 of 2 |
|---|
| 17 | 17 | | SENATE DOCKET, NO. 2077 FILED ON: 1/17/2025 |
|---|
| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 1096 |
|---|
| 19 | 19 | | By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1096) of Ryan C. Fattman, Alyson |
|---|
| 20 | 20 | | M. Sullivan-Almeida and Steven George Xiarhos for legislation to support and honor detention |
|---|
| 21 | 21 | | requests by the United States Immigration and Customs Enforcement. The Judiciary. |
|---|
| 22 | 22 | | The Commonwealth of Massachusetts |
|---|
| 23 | 23 | | _______________ |
|---|
| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 25 | 25 | | (2025-2026) |
|---|
| 26 | 26 | | _______________ |
|---|
| 27 | 27 | | An Act supporting and honoring Immigration and Customs Enforcement lawful detainments |
|---|
| 28 | 28 | | (SHIELD Act). |
|---|
| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 30 | 30 | | of the same, as follows: |
|---|
| 31 | 31 | | 1 SECTION 1. Chapter 276 of the General Laws, as appearing in the 2022 Official Edition, |
|---|
| 32 | 32 | | 2is hereby amended by inserting after section 20R the following section:- |
|---|
| 33 | 33 | | 3 Section 20S: Honoring Federal Immigration Detainers Issued by the United States |
|---|
| 34 | 34 | | 4Immigration and Customs Enforcement |
|---|
| 35 | 35 | | 5 Section 20S. (a) For purposes of this section, the term “law enforcement agency” shall |
|---|
| 36 | 36 | | 6include but not be limited to any state, municipal, college or university police department, |
|---|
| 37 | 37 | | 7sheriff’s department, correctional facility, prosecutorial office, court, probation office, or any |
|---|
| 38 | 38 | | 8other non-federal entity in the commonwealth charged with the enforcement of laws or the |
|---|
| 39 | 39 | | 9custody of detained persons. Upon receipt of a written request from the United States |
|---|
| 40 | 40 | | 10Immigration and Customs Enforcement requesting detention of an individual on the grounds that |
|---|
| 41 | 41 | | 11there is probable cause that such person is a removable alien, law enforcement agencies shall 2 of 2 |
|---|
| 42 | 42 | | 12comply with the terms of any detainer request received under any of the following |
|---|
| 43 | 43 | | 13circumstances: |
|---|
| 44 | 44 | | 14 (i) The individual has been convicted or charged with an aggravated felony offense as |
|---|
| 45 | 45 | | 15defined in 8 USC § 1101(a)(43), including but not limited to, murder, rape, sexual abuse of a |
|---|
| 46 | 46 | | 16minor, illicit drug trafficking, and illicit firearms trafficking. |
|---|
| 47 | 47 | | 17 (ii) The individual has been convicted or charged with a violent crime as defined in 18 |
|---|
| 48 | 48 | | 18USC § 16. |
|---|
| 49 | 49 | | 19 (iii) The individual has been convicted or charged with a criminal street gang offense as |
|---|
| 50 | 50 | | 20defined in 18 USC § 521. |
|---|
| 51 | 51 | | 21 (iv) The individual has been convicted or charged with a terrorism offense as defined in |
|---|
| 52 | 52 | | 2218 USC Chapter 113B. |
|---|
| 53 | 53 | | 23 (b) Any law enforcement agency employee shall comply with a United States |
|---|
| 54 | 54 | | 24Immigration and Customs Enforcement detention request if said employee determines that the |
|---|
| 55 | 55 | | 25alien poses a threat to public safety, or other compelling argument supporting the alien’s |
|---|
| 56 | 56 | | 26detention. |
|---|
| 57 | 57 | | 27 SECTION 2. This act shall take effect upon its passage. |
|---|