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SD 2077

An Act supporting and honoring Immigration and Customs Enforcement lawful detainments (SHIELD Act)

194th Legislature (2025-2026) Introduced by Ryan Fattman and 2 co-sponsors

Massachusetts would require many state and local agencies to detain individuals on ICE detainers when criteria for serious crimes or public-safety risk are met.

House concurred
0
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Bill Summary · SD 2077

Summary of Senate Bill SD 2077 – SHIELD Act

Purpose

The SHIELD Act proposes to require Massachusetts law enforcement agencies to honor and comply with certain U.S. Immigration and Customs Enforcement (ICE) detainer requests. The bill aims to formalize and expand local and state cooperation with federal immigration detention requests by adding a new section to the General Laws.

Key Provisions

  • New Section 20S added to Chapter 276. The bill creates “Section 20S: Honoring Federal Immigration Detainers Issued by the United States Immigration and Customs Enforcement.”
  • Definition of “law enforcement agency.” Broadly includes state, municipal, college/university police, sheriff’s departments, correctional facilities, prosecutorial offices, courts, probation offices, and other non-federal entities responsible for enforcing laws or detaining individuals in the Commonwealth.
  • Detainer receipt and detention obligations. Upon receipt of a written ICE detainer requesting detention of an individual on probable cause that the person is a removable alien, affected agencies shall comply under specified circumstances.
    • Mandatory criteria (i–iv):
    • (i) The individual has been convicted or charged with an aggravated felony (as defined in 8 U.S.C. § 1101(a)(43)), including murder, rape, sexual abuse of a minor, illicit drug trafficking, and illicit firearms trafficking.
    • (ii) The individual has been convicted or charged with a violent crime (as defined in 18 U.S.C. § 16).
    • (iii) The individual has been convicted or charged with a criminal street gang offense (as defined in 18 U.S.C. § 521).
    • (iv) The individual has been convicted or charged with a terrorism offense (as defined in 18 U.S.C. Chapter 113B).
  • Discretionary compliance standard (b). Any law enforcement employee shall comply with an ICE detainer if the employee determines the individual poses a threat to public safety or there is another compelling argument supporting detention.
  • Effective date. The act takes effect upon passage.

Who Is Affected

  • A wide range of Massachusetts law enforcement and related agencies, including police departments (state, municipal, college/university), sheriff’s departments, correctional facilities, prosecutorial offices, courts, and probation offices.
  • Individuals subject to ICE detainers who meet the specified criminal-justice criteria or are deemed to pose a public-safety threat.

Procedural and Timeline Aspects

  • Filed: January 17, 2025 (Senate Docket No. 2077).
  • Introduced: February 27, 2025.
  • Legislative actions shown: Referred to the Judiciary Committee (2025-02-27); House concurred (same date listed for action).
  • Section 2 states the act takes effect upon passage.

Potential Impact and Considerations

  • The bill would formalize mandatory detention in many cases where ICE issues a detainer, potentially increasing detentions in local facilities.
  • Expands the scope of agencies required to honor detainers beyond traditional police to include courts, prosecutors, and probation departments.
  • Raises policy considerations around civil liberties, local control, and the interplay with prior Massachusetts policies on cooperation with ICE, as well as costs and operational implications for detention and due-process timing.

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

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