Bill > H2648

This bill amends Massachusetts law to allow law enforcement agencies and officers to cooperate with U.S. Immigration and Customs Enforcement (ICE) by detaining individuals for up to 12 hours after they would normally be released, provided specific conditions are met. To detain an individual, law enforcement must receive a written ICE request and an administrative warrant, and a supervisory officer must first determine that the person poses a threat to public safety based on specific criteria. These criteria include having convictions related to terrorism, gang participation, felonies, aggravated felonies, or specific serious crimes like domestic violence, sexual abuse, human trafficking, burglary, firearm offenses, drug trafficking, and repeated driving under the influence. The bill requires agencies that choose to participate to develop written policies about which supervisory officers can make detention decisions. A judicial officer can extend detention beyond 12 hours after making a probable cause determination in an ex parte proceeding, and the person being detained has no right to appear or be represented by counsel. 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/H2648