Bill > H2701

This bill amends Massachusetts law to provide guidance for law enforcement and judicial officers regarding individuals with potential immigration violations. Specifically, the bill allows law enforcement officers (including court officers, state, county, and local law enforcement) who have lawful custody of a person to detain them for up to 36 hours after their scheduled release if they receive a written request from U.S. Immigration and Customs Enforcement (ICE) with probable cause that the person is a removable alien. The bill also instructs judicial officers, when determining bail, to consider the existence of an ICE detainer and administrative warrant as potential grounds for withholding or modifying bail. An important caveat is that the bill explicitly states it does not create a private right of action and does not make any otherwise lawful arrest unlawful. The legislation appears aimed at facilitating cooperation between local law enforcement and federal immigration authorities by providing a clear legal framework for detaining and processing individuals who may be subject to federal immigration enforcement.

Justice

https://malegislature.gov/Bills/194/H2701