Bill > S1776

This bill amends Massachusetts law to allow law enforcement agencies to cooperate with U.S. Immigration and Customs Enforcement (ICE) by detaining individuals for up to 12 hours after their scheduled release, provided certain specific conditions are met. The detention is only permissible if ICE provides a written request and administrative warrant, and a supervisory officer determines the individual poses a threat to public safety. Threats to public safety are defined broadly, including individuals with convictions related to terrorism, gang participation, felonies, aggravated felonies, domestic violence, sexual offenses, human trafficking, burglary, firearms offenses, drug trafficking, repeated driving under the influence, or sentences of 180 days or more. Each law enforcement agency choosing to participate must establish a written policy outlining which supervisory officers can make detention determinations. The bill requires a judicial officer to review and confirm probable cause for detention within 12 hours, in an ex parte proceeding where the detained individual has no right to appear. Importantly, the bill explicitly states that it does not create a private right of action and does not make otherwise lawful arrests unlawful. The legislation is designed to facilitate cooperation between local law enforcement and federal immigration authorities in detaining individuals suspected of being removable aliens.

Justice

https://malegislature.gov/Bills/194/S1776