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S 3072

Amendment S.3072

194th Legislature (2025-2026)

The bill limits civil immigration arrests in schools, health care facilities, courts, and religious spaces, establishing policies, oversight, and reporting to protect rights.

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Bill Summary · S 3072

Summary of Bill: S.3072 (Amendment S.3072) – Massachusetts, 194th General Court

Note: The bill consolidates and amends multiple sections across General Laws to regulate civil arrests, immigration enforcement interactions, and related protections, with additional provisions for schools, child care, health care facilities, and civil actions. It also creates new oversight and policy requirements.

Primary purpose and intent

  • Strengthen protections against civil immigration enforcement in non-criminal settings (schools, child care, health care facilities, courts).
  • Create explicit standards for interactions with law enforcement engaged in civil law enforcement, including immigration-related activity.
  • Limit the use of state resources for federal civil immigration enforcement and establish reporting, training, and complaint mechanisms.
  • Establish new civil arrest prohibitions and procedures in certain state settings (courts, places of worship) and create enforcement and oversight mechanisms.

Key provisions and changes

Civil rights and immunity protections (Chapter 12 amendments)

  • Section 11I5/6 (new): Establishes a Massachusetts-based version of 42 U.S.C. § 1983 liability for rights violations under color of state or federal law. Injunctive relief restricted for judicial officers, with costs and attorneys’ fees potentially awarded to prevailing plaintiffs (like §1988). Requires notice to the attorney general at filing.

School, child care, and juvenile settings (Chapter 15D and Chapter 71)

  • Section 23 (new): Prohibits arrests for civil law enforcement on the premises of licensed child care centers and school-aged programs without a valid judicial warrant or order. Requires each program to adopt a policy for interactions with civil law enforcement, including contact points, documentation, and response procedures. The Department must publish model policies and a model training.
  • Applies to schools, collaborative schools, and charter schools; requires emergency response plans aligned with model policies.
  • Similar requirements for school grounds and interactions with civil immigration enforcement.

Health care settings (Chapter 111)

  • Section 249 (new): Limits civil arrests on the premises of covered health care providers (hospitals, clinics, nursing homes, etc.) to areas designated as nonpublic and only with a judicial warrant/order. Departments of Public Health and Mental Health to publish model policies. Providers retain authority to treat patients without interference and with medical discretion intact.

Courts and civil arrests in court buildings (New Chapter 221D)

  • Chapter 221D (new): Prohibits civil arrests inside courthouses without proper warrant/order; requires documentation and review by designated judges.
  • Requires annual court reporting on warrants/orders issued and arrests, and limits liability exposure in civil arrest contexts.

Civil rights and harassment protections related to immigration (Chapter 147 and related sections)

  • Section 64 (new): Creates a civil arrest framework for behavior in religious spaces and other settings, with protections for worship services.
  • Expands protections against civil arrests that are not for criminal prosecution.

Indemnification and certification for victims (Sections 14-16)

  • Updates indemnification provisions for public employees and allows enhanced protections in certain federal investigations.
  • Replaces Chapter 258F with a new framework (Chapter 258F) for Certification for Victims of Criminal Activity and Human Trafficking, including:
    • Certification procedures, timelines (respond within 60 days; accelerated timelines in certain circumstances), and internal review processes.
    • Prohibitions on considering immigration admissibility beyond federal forms; presumption of “helpfulness” for timely reporters.

Administrative and enforcement details

  • Section 15 provides authority for the Attorney General to enforce the new civil-arrest provisions and policies via civil actions, including emergency and long-term relief.
  • Sets model policy development timelines and effective date milestones (policies due by fall 2026 in many provisions).
  • Certain sections take effect 180 days after enactment; others have phased timing (90 days, 60 days, etc.).

Who and what is affected

  • State and local law enforcement agencies and personnel.
  • Judicial officers and trial courts; clerks and court administrators.
  • Licensed child care centers, family child care providers, and school-aged programs; school committees and charter/collaborative schools.
  • Health care providers and related facilities (hospitals, clinics, long-term care, emergency services).
  • Immigrant crime victims seeking certification for nonimmigrant visas.
  • General public, with particular emphasis on students, families, patients, and school staff.

Procedural and timeline notes

  • Model policies and trainings to be published by state agencies within weeks of enactment.
  • Individual institutions must adopt required policies by specific deadlines (not later than Sep 1, 2026, or the start of the 2026-2027 school year, whichever is earlier).
  • Annual reporting requirement for courts under Chapter 221D.
  • Accelerated response timelines for certifying entities under the new Victims Certification chapter.

This bill aims to create robust protections against civil immigration enforcement within public-facing and community institutions while establishing clear procedures, training, and oversight to ensure rights and safety.

Compiled from official sources — confirm details with the bill’s official record.

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