Bill
HD 3596
The bill bans new immigration collaboration and detention agreements for state/local entities and requires swift termination of existing ones.
Overview
- Purpose: Prohibit and phase out agreements that grant federal immigration enforcement authority or detention powers to state, local, or other covered entities in Massachusetts. The bill aims to limit collaboration between state/local agencies and federal immigration authorities and to terminate existing such agreements.
- Legislative vehicle: Proposed bill filed in the Massachusetts House of Representatives as House Docket No. 3596 (House Bill 1588 accompanying the petition). The version text sets forth the new statutory framework in Chapter 6 of the General Laws.
Key provisions
- New definitions (Chapter 6, Section 223)
- Covered entity: Includes the Commonwealth, any law enforcement agency, or any county, city, town, district, or authority within the Commonwealth and their agents/employees.
- Immigration collaboration agreement: Any contract, MOU, or arrangement that grants federal immigration enforcement authority or powers to a covered entity (including agreements under 8 U.S.C. § 1357(g)).
- Immigration detention agreement: Any contract, MOU, or arrangement to arrest, detain, or house a person for civil immigration detention.
- Law enforcement agency: Broadly includes municipal police, sheriff, campus police, hospital police, Department of Corrections, Massachusetts State Police, and related entities.
- Prohibition of new arrangements (b)
- After the Act’s effective date, no covered entity may enter into or extend/renew an immigration collaboration agreement or an immigration detention agreement.
- Termination of existing arrangements (c)
- Existing immigration collaboration agreements must be terminated no later than 30 days after the Act’s effective date.
- Existing immigration detention agreements must be terminated no later than 90 days after the Act’s effective date.
- Enforcement and remedies (d)
- The Attorney General may bring actions to restrain violations through temporary restraining orders or injunctions.
- Venue for enforcement: Superior Court in the county where violations occur (or Suffolk County, at the AG’s election).
- Private right of action: The Act does not foreclose private actions to the extent permitted by law for violations.
Who is affected
- Covered entities include the Commonwealth, local or regional law enforcement agencies, and their agents and subcontractors.
- Entities currently holding immigration collaboration or detention agreements with federal authorities would be obligated to terminate those agreements within the specified timeframes.
- The bill targets and curtails formal and informal arrangements that expand or delegate federal immigration enforcement or detention functions to state/local entities.
Timeline and enforcement
- Effective date: Contingent on the bill’s enactment (not specified in the provided text beyond “effective date” references).
- Termination deadlines for existing agreements: 30 days (collaboration) and 90 days (detention) after the effective date.
- Continued enforcement authority: The Attorney General can file actions in Superior Court to stop violations; private actions may proceed where permitted by law.
Notes
- The text provided defines “immigration collaboration agreements” narrowly as those transferring federal enforcement powers, and “immigration detention agreements” as contracts to detain individuals for civil immigration purposes.
- The bill emphasizes a shift away from state/local participation in federal immigration enforcement by prohibiting new agreements and expediting termination of existing ones.
Compiled from official sources — confirm details with the bill’s official record.
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