An Act relative to immigration detention and collaboration agreements
Massachusetts bans new, renewed immigration collaboration or detention agreements by state and local agencies; ends existing deals within 30-90 days; AG can seek injunctions.
Massachusetts bans new, renewed immigration collaboration or detention agreements by state and local agencies; ends existing deals within 30-90 days; AG can seek injunctions.
Purpose and intent
- The bill prohibits state and local entities in Massachusetts from entering into, extending, or renewing any agreement that involves immigration enforcement powers or civil immigration detention.
- It aims to end participation by the Commonwealth, its law enforcement agencies, and local governments in immigration detention or “collaboration” arrangements with federal immigration authorities.
Key provisions
1) New definitions and scope (Section 223)
- Covered entity: Includes the Commonwealth, any law enforcement agency, or any county, city, town, district, or authority within Massachusetts, and their agents, officers, employees.
- Immigration collaboration agreement: Any contract, memorandum of understanding, or similar arrangement that grants federal immigration enforcement authority (including arrangements under 8 U.S.C. § 1357(g)) to a covered entity.
- Immigration detention agreement: Any contract or arrangement with a covered entity to arrest, detain, or house a person for civil immigration detention.
- Law enforcement agency: Broadly defined to include municipal police, sheriff, campus police, hospital police, Department of Corrections, Massachusetts State Police, Department of Youth Services, and related entities or associations.
2) Prohibition on new or renewed agreements (Section 223(b))
- After the Act’s effective date, no covered entity may:
- Enter into an immigration collaboration agreement or immigration detention agreement, or
- Extend or renew an existing immigration collaboration or detention agreement.
3) Sunset/termination of existing agreements (Section 223(c))
- Any party to an existing agreement subject to this section must terminate as soon as practicable.
- Termination deadlines:
- Immigration collaboration agreements: terminated no later than 30 days after the Act’s effective date.
- Immigration detention agreements: terminated no later than 90 days after the Act’s effective date.
4) Enforcement and remedies (Section 223(d))
- The Attorney General may bring an action to restrain violations by TRO, preliminary injunction, or permanent injunction.
- Venue for enforcement: Superior Court in the county where the violation occurs or in Suffolk County (at the AG’s discretion).
- Private actions: The Act does not preclude private enforcement actions to the extent permitted by law.
Status and procedural timeline
Who would be affected
Potential impact
Compiled from official sources — confirm details with the bill’s official record.
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