Bill > S1268

This bill enhances the authority of courts and law enforcement to detain individuals with potential immigration violations who are deemed to pose a public safety risk. Specifically, the bill allows court officers to hold a person for up to 12 hours beyond their normal release time if U.S. Immigration and Customs Enforcement (ICE) provides a written detention request and administrative warrant, and a judicial officer determines the person presents a specific threat to public safety. The bill defines "threat to public safety" broadly, including individuals convicted of serious crimes such as felonies, aggravated felonies, domestic violence, sexual offenses, drug trafficking, firearms offenses, and other significant criminal infractions. Additionally, the bill requires judicial officers who decline an ICE detention request to provide written documentation of their reasons, which will be maintained as a public record. The legislation also instructs judicial officers to consider existing ICE detainer requests when determining bail, potentially allowing them to withhold bail pending ICE action. The bill explicitly states that it does not create a private right of action and does not make otherwise lawful arrests unlawful.

Justice

https://malegislature.gov/Bills/194/S1268