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S 3085

Amendment S.3085

194th Legislature (2025-2026) Introduced by Bruce Tarr

The bill restricts state and local civil immigration enforcement, expands detainee access to counsel, and strengthens protections for victims, while mandating clear guidelines and

See S3072
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Bill Summary · S 3085

Summary of Bill S.3085 (Massachusetts, 194th General Court)

Main purpose and intent

  • The bill seeks to regulate and restrict civil immigration enforcement activities by state and local entities, strengthen protections for individuals (including those with varying immigration statuses), and expand rights and procedures related to detention, legal counsel, and victims of crime. It adds new definitions, creates additional guidelines and protections, and imposes certain limits on cooperation with federal immigration authorities.

Key provisions and changes

  • Civil immigration enforcement restrictions and guidance (New Chapter 6, Sections 223-225)

    • Defines terms related to civil immigration enforcement (e.g., civil immigration enforcement, law enforcement agency, state entity, private entity, etc.).
    • Section 224: Governor can prohibit or limit civil immigration enforcement activities in nonpublic areas of state entities, with rules administered by the Administration and Finance Office. Regulations may prioritize protections of civil rights.
    • Section 225: Requires multilingual guidelines from the governor (in consultation with the attorney general) for:
    • State agencies and private entities handling interactions with civil immigration enforcement.
    • Law enforcement agencies on how to handle interactions and reporting of activities.
    • Civil rights information related to federal immigration enforcement.
    • School districts’ handling of interactions with civil immigration enforcement.
    • Guidelines to cover contact designations, verification of officers’ authority, validity of warrants/ice detainers, documentation, and responses to requests. Guidelines must be posted prominently on the state website.

  • Inmate/ detained person rights and access to counsel (New Section 87B in Chapter 127)

    • Applies to facilities housing detained individuals (state facilities, county facilities, etc., excluding courthouses).
    • Upon intake, provide written notices in the detainee’s primary language about:
    • Right to legal counsel and to decline interviews.
    • How to contact legal counsel and access legal services.
    • Procedures for confidential legal communications and grievance review.
    • Guarantees confidential, unmonitored attorney-client communications and a verified legal counsel line with not less than 1 confidential inbound call per day (or a guaranteed callback within 24 hours if direct inbound calling is infeasible).
    • Requires records on custody, contact routing, and intake/transfer updates; transfers must include notice to counsel.
    • Provides competent interpreter services for intake, medical, mental health, discipline, legal-access, and grievance interactions.
    • Prohibits facilities from impeding legal access; ensures transportation or remote access to mandatory government appointments or court proceedings.
    • Establishes a public number to confirm detainee status and restricts information disclosures to minimum necessary; imposes audit logs and privacy safeguards.
    • The Attorney General can enforce via civil action with potential emergency/long-term/permanent relief. No private right of action is created.

  • Civil immigration process reporting and protections for victims (New Section 64 in Chapter 147)

    • Protects against nonpublic personal information disclosure and restricts inquiring into immigration status unless directly material to a crime element.
    • Prohibits state/local agencies from initiating or expanding cooperation with federal civil immigration enforcement absent specific, limited circumstances.
    • Permits certain information-sharing under federal law or judicial warrants; allows 12-month limited federal-equivalent agreements (287(g)-style) only if narrowly scoped to criminal public safety purposes, with sunset and quarterly public reporting.
    • AG may enforce via civil action; no private right of action created.

  • Employment verification notice requirements (Amendment to Chapter 149, Section 19C)

    • Requires employers to provide written notice to employees within 48 hours of an ICE I-9 or employment-records inspection request, except where federal law requires otherwise.

  • Victim certification reform (Renaming and rewriting Chapter 258F)

    • Chapters reorganized as a comprehensive framework for certification of victims of criminal activity and human trafficking seeking certain nonimmigrant visas (U visa, T visa).
    • Defines certifying entities (including law enforcement, DA, AG), and clarifies “helpfulness” standards aligned with federal forms.
    • Requires certifying entities to publish internal policies, specify submission methods, ensure objective criteria, prohibit considering inadmissibility or broader eligibility, ban fees, and outline internal review processes.
    • Response timelines: generally within 45 days; if expedited due to ongoing removal proceedings or imminent court hearing, responses due within 14 business days (with explanations for delays if they cause late responses).
    • Establishes a rebuttable presumption of helpfulness for timely, cooperative victims; prohibits retaliation by state/local employees against individuals seeking certification.
    • Allows regulations to implement the chapter; annual aggregate reporting by certifying entities to a state secretary, preserving confidentiality.

  • Detention authority clarification for ICE requests (New Section 20S in Chapter 276)

    • Empowers certain court officers to detain individuals for up to 12 hours at ICE's written request and with a judicial officer’s direction, to transfer custody to ICE, provided the detainee poses a threat to public safety on specific factors (e.g., terrorism, certain violent or high-risk offenses).
    • Requires a written, public record detailing reasons if a request is not honored; detentions cannot be used to create private rights of action or to authorize unlawful arrests.

  • Minor adjustments to existing sections (e.g., Chapter 58)

    • Adds reference to “likelihood of imminent deportation” in community risk/clearance language.

Affected parties and entities

  • State government and executive agencies (especially the Governor, EOA/OF, and Secretary of Public Safety and Security).
  • Law enforcement agencies across the state (state, county, municipal, university, hospital police, etc.), including special police officers and sheriffs.
  • State facilities housing detainees and their staff, including corrections and pre-release centers.
  • Private entities receiving state funds or employing 10+ people.
  • Employers and employees subject to I-9 employment verification inspections.
  • Victims of qualifying criminal activity seeking safety-related visas (U/T nonimmigrant visa processes), and associated certifying entities (law enforcement, district attorneys, Attorney General).
  • Individuals interacting with federal immigration authorities, including the general public and school districts.

Procedural/timeline aspects

  • Effective dates:
    • Sections 2, 5, and 6 take effect 90 days after enactment.
    • Section 3 takes effect 180 days after enactment.
  • Implementation deadlines:
    • Within 190 days, rules/regulations required by Section 224 must be published; temporary guidelines and emergency regulations may be issued before final rules.
    • Guidelines required by Section 225 must be published and posted within 190 days.
  • Monitoring and enforcement:
    • Civil enforcement avenues by AG in Sections 87B and 64 (on facilities, victims, and civil immigration oversight).
    • Quarterly public reporting required for certain federal-agency-like agreements and internal processes.

Notes on scope and limits

  • The bill emphasizes protecting civil rights and limiting civil immigration enforcement by nonfederal actors in nonpublic spaces.
  • It creates robust procedural protections for detained individuals’ access to counsel and communication.
  • It restricts broader use of state resources for federal civil immigration enforcement, with narrowly scoped exceptions for criminal matters and temporary 287(g)-style arrangements subject to sunset and reporting.
  • It does not create a private right of action in most sections, instead relying on state agency enforcement and court relief as remedies.

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

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