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HD 4221

An Act to promote and protect safety in the Commonwealth

194th Legislature (2025-2026) Introduced by Donnie Berthiaume and 15 co-sponsors

Massachusetts bill lets officers detain a person up to 36 hours on a written ICE detainer to transfer custody, and requires bail judges to consider ICE detainers when setting bail.

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Bill Summary · HD 4221

Summary: House Bill HD 4221 – An Act to promote and protect safety in the Commonwealth

Overview

HD 4221 is a proposed Massachusetts bill introduced for the 2025-2026 General Court session. The bill aims to strengthen public safety by facilitating collaboration with federal Immigration and Customs Enforcement (ICE) in certain detention and bail contexts, while outlining limits and protections for individuals and state personnel.

  • Introduced/Filed: January 17, 2025 (House Docket No. 2701)
  • Primary Sponsors: Representatives Michael J. Soter (Bellingham) and Kenneth P. Sweezey (Duxbury)
  • Legal basis: Amends Chapter 276 of the General Laws

Key Provisions

Section 1 – Temporary detention for ICE transfer (new Section 20S)

  • Authorized actors: Any Commonwealth employee who is a court officer or any state, county, or local law enforcement officer with lawful custody of a person.
  • Trigger: On receipt of a written request from ICE stating there is probable cause that the person is a removable alien.
  • Action: May detain the person for a reasonable period after the person would otherwise be released to transfer custody to ICE.
  • Protections/limits:
    • The detained individual must be provided a copy of the ICE written request.
    • Detention must not exceed 36 hours under any circumstances.
    • Not intended to create a private right of action or otherwise render any lawful arrest unlawful.

Section 2 – Bail considerations incorporating ICE detainers (new Section 104)

  • Applies to: Original bail determinations and subsequent bail proceedings under various sections of Chapter 276.
  • Judicial officer duty: Consider the existence of an ICE detainer when evaluating bail.
  • Conditions for action: If there is a written ICE detainer requesting detention based on probable cause that the person is removable, and there is an administrative warrant for arrest or removal, the judicial officer may withhold or modify bail pending ICE action.

Who is Affected

  • State and local law enforcement and court officers who have lawful custody of individuals.
  • Individuals subject to detention under ICE detainer requests.
  • Defendants facing bail determinations in cases where ICE detainers or administrative warrants are present.

Potential Impact

  • Operational: Provides a formal framework for temporary detention to facilitate ICE transfers, with a clear 36-hour cap.
  • Legal/criminal justice: Introduces ICE detainer considerations into bail decisions, potentially affecting the duration a defendant remains out of custody pending ICE action.
  • Rights and safeguards: Maintains that the measure does not create a private right of action and does not alter lawful arrest standards.

Procedural and Timeline Notes

  • The bill is positioned as a proposed act within the 194th General Court (2025-2026).
  • Filed in January 2025 as House Bill No. 2701; presented by Soter and Sweezey.
  • No final status is provided in the text excerpt; as with any proposed legislation, passage would require approval by both chambers and signature or veto by the Governor.

This summary focuses on the substantive changes and their potential effects on detention practices and bail proceedings related to ICE detainer requests.

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

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