S.3086 (194th MA Legislature) is a Senate amendment to House Bill 5316 focused on expanding civil rights protections, limiting federal civil immigration enforcement on certain state premises, and establishing new oversight and policy mechanisms. The measure touches on civil rights remedies for state actors, restrictions on civil immigration enforcement on state property (schools, child care, health facilities), restrictions on arrests in court and places of worship, and the creation of a statewide commission to study immigration matters. Several sections create new chapters or amend multiple General Laws to guide enforcement, policies, training, and reporting.
Section 1: Adds new Section 11I5/6 to Chapter 12.
- Creates civil rights remedy for individuals deprived of federal constitutional rights by state action under color of state law, with qualified immunity defenses available; clerical notice to attorney general required when filing.
Section 2: Adds Section 23 to Chapter 15D.
- Prohibits civil law enforcement arrests on the premises of licensed or department-funded child care centers and related facilities without a judicial warrant/order.
- Requires facilities to adopt policies for interactions with civil law enforcement, designate contact persons, document interactions, and train staff; authorizes model policies and model training.
Section 3: Adds Section 140 to Chapter 33.
- Prohibits entry of non-state military forces into MA without governor’s permission, except when called into active federal service. Calls for governor-approved guidance.
Section 4: Adds Section 65A to Chapter 54.
- Makes acts by federal, state, or local officers prohibited under certain immigration enforcement civil violations into state law, with AG enforcement authority for civil actions.
Section 5: Adds Section 102 to Chapter 71.
- Extends similar limits on civil law enforcement on school grounds (no arrests without a judicial warrant/order).
- Requires DESE to publish guidance and model policies for interactions with civil law enforcement, including communications protocols, emergency notifications, and staff training.
- Requires school committees and charter/collaborative schools to implement written emergency response plans addressing civil enforcement interactions.
- Allows habeas relief for violations; AG may sue for violations; protections identical to other sections (no requirement for interference with federal civil immigration enforcement).
Section 6: Adds Section 250 to Chapter 111.
- Establishes standards for civil law enforcement interactions with covered health care providers (hospitals, clinics, nursing homes, etc.).
- Requires facilities with substantial revenue (not less than $500 million in annual gross patient service revenue) to adopt policy on interactions with civil law enforcement, designate contacts, limit nonpublic areas, and train staff.
- State health departments to publish model policies; prohibits retaliation against staff acting in compliance; provides immunity for actions taken in good faith.
Section 7: Adds Section 64 to Chapter 147.
- Creates civil arrest protections inside places of worship during religious services; defines civil arrest and related terms; allows cure via habeas corpus; AG enforcement authorized; preserves limits on federal immigration enforcement.
Section 8: Amends Section 19C of Chapter 149.
- Employers must provide written notice within 48 hours of a U.S. Immigration and Customs Enforcement I-9 or related records request.
Section 9-11: Modifications to 190B and related language.
- Expands terminology and protections related to adverse immigration actions impacting families.
Section 12: Creates Chapter 221D – Civil Arrests in Courts.
- Prohibits civil arrests in courthouses unless documented authorization; creates defined terms for courthouse, warrants, and law enforcement.
- Requires warrants to be filed with the court, reporting requirements, and annual court disclosures on warrants and arrests.
- Establishes AG enforcement via civil action with possible emergency or long-term orders; prohibits private rights of action but preserves other remedies.
Section 13: Adds Section 20B1/2 to Chapter 233.
- Prohibits civil arrests in places of worship during services (mirrors Section 7 provisions with respect to worship settings).
- Allows habeas relief for violations; AG enforcement authorized.
Section 14-15: Indemnification and a new Victims of Crime/Human Trafficking certification framework.
- Expands indemnification provisions for public employees acting within official duties, with limits and potential enhancements for federal investigations.
- Repeals Chapter 258F and creates Chapter 258F (Certification for Victims of Criminal Activity and Human Trafficking) establishing a pathway for victims to obtain immigration-related certifications (U and T visa contexts), with timelines, internal policies, and data reporting.
Section 16: Creates a Commission on Immigration Matters.
- 3-year initial term (extendable), 21 members appointed by various branches and organizations.
- Responsibilities include evaluating statutes, regulations, data sharing, federal interactions, budget needs for immigration defense, safe spaces, and governance of policy.
- Requires at least four meetings per year and an annual public report.
Section 17-18: Implementation deadlines.
- Requirement for child care centers and school districts to adopt the respective policies by Sept 1, 2026 or the 2026-27 school year start.
- DESE and health/mental health agencies to issue model policies within 30 days after enactment.
- Covered health care providers to adopt provider-specific policies within 60 days.
Section 21-22: Effective dates.
- Section 7 takes effect 30 days after enactment; Sections 12 and 15 take effect 90 days after enactment.
