Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1122 Compare Versions

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22 SENATE DOCKET, NO. 1107 FILED ON: 1/15/2025
33 SENATE . . . . . . . . . . . . . . No. 1122
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Adam Gomez
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to immigration detention and collaboration agreements.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Adam GomezHampdenJoanne M. ComerfordHampshire, Franklin and Worcester2/1/2025Jason M. LewisFifth Middlesex2/1/2025Rebecca L. RauschNorfolk, Worcester and Middlesex2/1/2025James B. EldridgeMiddlesex and Worcester2/11/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/11/2025Patricia D. JehlenSecond Middlesex2/20/2025Manny Cruz7th Essex2/27/2025 1 of 3
1616 SENATE DOCKET, NO. 1107 FILED ON: 1/15/2025
1717 SENATE . . . . . . . . . . . . . . No. 1122
1818 By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1122) of Adam Gomez, Joanne M.
1919 Comerford, Jason M. Lewis, Rebecca L. Rausch and other members of the Senate for legislation
2020 relative to Massachusetts state sovereignty. The Judiciary.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 997 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to immigration detention and collaboration agreements.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 Chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is hereby
3232 2amended by inserting after Section 222 the following new sections:-
3333 3 Section 223.
3434 4 (a) As used in this section, the following words shall have the following meanings:
3535 5 “Covered entity”, any of the following entities, or any of their agents, officers,
3636 6employees, agencies, or departments: the Commonwealth, any law enforcement agency, or any
3737 7county, city, town, district, or authority in the Commonwealth.
3838 8 “Immigration collaboration agreement”, any contract, agreement, memorandum of
3939 9understanding or other arrangement, whether formal or informal, that grants federal immigration 2 of 3
4040 10enforcement authority or powers to any covered entity, including, but not limited to, an
4141 11agreement made pursuant to 8 U.S.C. § 1357(g).
4242 12 “Immigration detention agreement”, any contract, agreement, memorandum of
4343 13understanding, intergovernmental service agreement, or other arrangement, whether formal or
4444 14informal, with any covered entity to arrest, detain, or house any person for the purpose of civil
4545 15immigration detention.
4646 16 “Law enforcement agency”, an agency in the Commonwealth charged with enforcement
4747 17of state and municipal laws or with managing custody of detained or incarcerated persons in the
4848 18state, including, but not limited to, municipal police departments, sheriff’s departments, campus
4949 19police departments, hospital police departments, the Department of Corrections, Massachusetts
5050 20State Police, the Department of Youth Services, and any council, consortium, or professional
5151 21association of any of the foregoing entities.
5252 22 (b) After the effective date of this Act, no covered entity may:
5353 23 (1) enter into an immigration collaboration agreement or immigration detention
5454 24agreement; or
5555 25 (2) extend or renew an existing immigration collaboration agreement or immigration
5656 26detention agreement.
5757 27 (c) Any party to an existing agreement governed by this section shall terminate such
5858 28agreement as soon as practicable; provided that any immigration collaboration agreement shall
5959 29be terminated no later than 30 days from the effective date of this Act and any immigration
6060 30detention agreement shall be terminated no later than 90 days from the effective date of this Act. 3 of 3
6161 31 (d) Whenever the Attorney General has reason to believe that any person or entity is
6262 32violating the provisions of this section, the Attorney General may bring an action in the name of
6363 33the Commonwealth against such person or entity to restrain such violation by temporary
6464 34restraining order or preliminary or permanent injunction. The action may be brought in the
6565 35Superior Court of the county in which such violation is occurring or is reasonably anticipated to
6666 36occur, or in the Superior Court of Suffolk County, at the Attorney General’s election. Nothing
6767 37herein shall preclude a private action concerning any violation of this section against any person
6868 38or entity, to the extent otherwise permitted by law.