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2 | 2 | | SENATE DOCKET, NO. 1107 FILED ON: 1/15/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1122 |
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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 | | Adam Gomez |
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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 relative to immigration detention and collaboration agreements. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | SENATE DOCKET, NO. 1107 FILED ON: 1/15/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1122 |
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18 | 18 | | By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1122) of Adam Gomez, Joanne M. |
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19 | 19 | | Comerford, Jason M. Lewis, Rebecca L. Rausch and other members of the Senate for legislation |
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20 | 20 | | relative to Massachusetts state sovereignty. The Judiciary. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 997 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to immigration detention and collaboration agreements. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is hereby |
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32 | 32 | | 2amended by inserting after Section 222 the following new sections:- |
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33 | 33 | | 3 Section 223. |
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34 | 34 | | 4 (a) As used in this section, the following words shall have the following meanings: |
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35 | 35 | | 5 “Covered entity”, any of the following entities, or any of their agents, officers, |
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36 | 36 | | 6employees, agencies, or departments: the Commonwealth, any law enforcement agency, or any |
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37 | 37 | | 7county, city, town, district, or authority in the Commonwealth. |
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38 | 38 | | 8 “Immigration collaboration agreement”, any contract, agreement, memorandum of |
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39 | 39 | | 9understanding or other arrangement, whether formal or informal, that grants federal immigration 2 of 3 |
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40 | 40 | | 10enforcement authority or powers to any covered entity, including, but not limited to, an |
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41 | 41 | | 11agreement made pursuant to 8 U.S.C. § 1357(g). |
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42 | 42 | | 12 “Immigration detention agreement”, any contract, agreement, memorandum of |
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43 | 43 | | 13understanding, intergovernmental service agreement, or other arrangement, whether formal or |
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44 | 44 | | 14informal, with any covered entity to arrest, detain, or house any person for the purpose of civil |
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45 | 45 | | 15immigration detention. |
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46 | 46 | | 16 “Law enforcement agency”, an agency in the Commonwealth charged with enforcement |
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47 | 47 | | 17of state and municipal laws or with managing custody of detained or incarcerated persons in the |
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48 | 48 | | 18state, including, but not limited to, municipal police departments, sheriff’s departments, campus |
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49 | 49 | | 19police departments, hospital police departments, the Department of Corrections, Massachusetts |
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50 | 50 | | 20State Police, the Department of Youth Services, and any council, consortium, or professional |
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51 | 51 | | 21association of any of the foregoing entities. |
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52 | 52 | | 22 (b) After the effective date of this Act, no covered entity may: |
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53 | 53 | | 23 (1) enter into an immigration collaboration agreement or immigration detention |
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54 | 54 | | 24agreement; or |
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55 | 55 | | 25 (2) extend or renew an existing immigration collaboration agreement or immigration |
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56 | 56 | | 26detention agreement. |
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57 | 57 | | 27 (c) Any party to an existing agreement governed by this section shall terminate such |
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58 | 58 | | 28agreement as soon as practicable; provided that any immigration collaboration agreement shall |
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59 | 59 | | 29be terminated no later than 30 days from the effective date of this Act and any immigration |
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60 | 60 | | 30detention agreement shall be terminated no later than 90 days from the effective date of this Act. 3 of 3 |
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61 | 61 | | 31 (d) Whenever the Attorney General has reason to believe that any person or entity is |
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62 | 62 | | 32violating the provisions of this section, the Attorney General may bring an action in the name of |
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63 | 63 | | 33the Commonwealth against such person or entity to restrain such violation by temporary |
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64 | 64 | | 34restraining order or preliminary or permanent injunction. The action may be brought in the |
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65 | 65 | | 35Superior Court of the county in which such violation is occurring or is reasonably anticipated to |
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66 | 66 | | 36occur, or in the Superior Court of Suffolk County, at the Attorney General’s election. Nothing |
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67 | 67 | | 37herein shall preclude a private action concerning any violation of this section against any person |
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68 | 68 | | 38or entity, to the extent otherwise permitted by law. |
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