Bill > H1805

This bill enhances the authority of courts and law enforcement to detain individuals with potential immigration violations by allowing court officers to hold a person for up to 12 hours after their scheduled release, based on a request from U.S. Immigration and Customs Enforcement (ICE). The detention is only permissible if a judicial officer determines the person poses a specific threat to public safety, which is defined by several criteria including conviction of serious crimes like felonies, aggravated felonies, domestic violence, sexual offenses, drug trafficking, firearms offenses, and other significant criminal activities. The bill also requires that if a judicial officer decides not to honor an ICE detention request, they must document and file their reasons in writing as a public record. Additionally, the bill instructs judicial officers to consider the existence of an ICE detainer when making bail determinations, potentially allowing them to withhold bail if an ICE administrative warrant exists. Importantly, the bill explicitly states that it does not create a private right of action and does not make any otherwise lawful arrest unlawful.

Justice

https://malegislature.gov/Bills/194/H1805