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HD 582

An Act relative to state compliance with detainer requests

194th Legislature (2025-2026) Introduced by Donnie Berthiaume and 3 co-sponsors

Requires all Commonwealth law enforcement to comply with ICE detainers, notify ICE 24 hours before releases, and report annual detainer use and compliance.

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Bill Summary · HD 582

Summary: HD 582 — An Act relative to state compliance with detainer requests

Purpose and scope

HD 582 would require all Commonwealth law enforcement agencies to comply with detainer requests issued by U.S. Immigration and Customs Enforcement (ICE) and to enhance transparency and accountability around detainer use. The bill adds a new Section 64 to Chapter 147 and establishes rules governing compliance, notification to ICE, training, and annual reporting.

Key provisions

  • Definitions (Section 64(a))

    • Broadly defines “law enforcement agency of the commonwealth” to include state, municipal, campus police, sheriff’s departments, correctional facilities, prosecutorial offices, courts, probation, and multi-agency programs, plus other non-federal entities enforcing laws or detaining individuals.
    • Defines “detainer request” as a written request from ICE directing notification prior to release or custody continuation for up to 48 hours beyond release, or both.

  • Obligation to comply (Section 64(b))

    • Prohibits any Commonwealth policy or directive that orders officers/employees to refuse or fail to comply with detainer requests.
    • Prohibits knowingly failing or refusing to comply with detainer terms while acting under color of law.

  • Notification requirement (Section 64(c))

    • Upon receipt of a detainer, agencies must notify ICE of any planned release or custody status change no less than 24 hours in advance.

Training and reporting

  • Training (Section 2)

    • All state and local law enforcement officials must receive training on the act within six months of passage, covering the legal basis for detainer requests and procedures for compliance.

  • Annual reporting (Section 3)

    • Each agency must report to the secretary of the Executive Office of Public Safety and Security by January 15 each year.
    • Reports must include: number of detainer requests received in the prior year; how many were honored vs. not honored; reasons for non-compliance (including any agency policy to dishonor/refuse), with no personally identifiable information.
    • The secretary will compile a consolidated report for each agency and submit it to the Clerks of the House and Senate by February 15 each year.

Who is affected

  • All Commonwealth law enforcement entities with enforcement or custody responsibilities, including state, municipal, campus police, sheriff’s departments, correctional facilities, prosecutors, courts, probation, and related multi-agency programs.

Procedural/timeline notes

  • The act would take effect upon passage, with mandatory training within six months.
  • Regular annual reporting is required, creating ongoing transparency about detainer activity and compliance.

Potential impact (informational)

  • Strengthens mandatory cooperation with ICE detainers and closes the gap where local policies could resist detainers.
  • Increases transparency about detainer use while protecting privacy by excluding PII from reports.
  • Establishes a framework for accountability through annual data collection and public reporting.

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

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