Today Governor Maura Healey signed H.5620, entitled “An Act promoting rule of law, oversight, trust and equal constitutional treatment.”
The act seeks to thwart the enforcement of federal immigration law by (1) banning most ICE arrests at state courthouses and (2) limiting cooperation between Massachusetts police agencies and ICE.
Here’s a summary of the law’s key provisions:
Civil Immigration Enforcement Restrictions
- The act limits civil immigration enforcement activities in nonpublic areas of state and private entities unless required by law.
- It mandates multilingual guidelines for state agencies, private entities, and schools on handling law enforcement interactions related to civil immigration enforcement.
Law Enforcement and Judicial Warrant Protocols
- Civil law enforcement actions require a judicial warrant or order for arrests on premises, except when lawfully permitted otherwise.
- The act defines various law enforcement agencies and officers, emphasizing procedures for verifying authority and documenting interactions.
Protections for Children and Educational Settings
- Arrests on school grounds without a judicial warrant are prohibited unless legally required.
- Schools must develop policies and emergency plans to address interactions with law enforcement, ensuring student safety and privacy.
Healthcare and Civil Law Enforcement
- Civil law enforcement in healthcare settings is restricted; arrests require a judicial warrant unless lawfully permitted.
- Healthcare providers must adopt policies for interactions with law enforcement, ensuring confidentiality and patient rights.
Legal Recourse and Enforcement
- Individuals can file for a writ of habeas corpus if civil arrests violate the law.
- The attorney general has authority to enforce provisions and bring civil actions for violations.
Rights of Detained Individuals
- Facilities must provide detained individuals with notices of legal rights and access to confidential legal communications.
- They must maintain records of detainees, notify legal counsel of transfers, and ensure language access and transportation for legal proceedings.
Liability and Protections for Personnel
- Personnel acting in good faith are protected from retaliation and civil, criminal, or administrative liability.
- Covered care providers and staff are immune when complying with policies and laws.
Legal Definitions and Scope
- The act defines key terms such as “civil law enforcement,” “judicial warrant,” and “facility” to clarify scope.
- It applies to various facilities including correctional, healthcare, and educational institutions, setting specific procedural requirements.
Public Access to Detention Information
- Facilities must provide a public phone number for detention status confirmation.
- Callers may need to provide full name, date of birth, and other identifiers to resolve matches.
Privacy and Data Security Measures
- Disclose only minimum necessary information to locate and contact detainees.
- Maintain audit logs of access requests and disclosures for at least one year.
- Implement identity verification, auditing, and privacy safeguards.
- Adopt written policies for identity verification and access control.
Enforcement and Regulatory Oversight
- The secretary of public safety, with the attorney general, will establish minimum compliance standards.
- The attorney general can enforce compliance through civil actions in superior court.
- Courts may issue orders for immediate compliance, conduct monitoring, and require reporting.
- No private right of action is created; remedies are available under law.
Civil Immigration Detainer Restrictions
- Law enforcement cannot inquire about immigration status unless specific criminal elements are involved.
- Immigration status recording and sharing are limited; federal immigration enforcement is restricted unless legally required.
- Civil immigration agreements like 287(g) cannot be expanded or renewed unless under strict conditions.
- Agencies may cooperate in criminal enforcement but cannot participate in federal civil immigration enforcement beyond legal requirements.
Immigration Data and Civil Rights Protections
- No retaliation against individuals reporting crimes or cooperating with investigations.
- Law enforcement can inquire into immigration status only under specific circumstances.
- Federal immigration actions like detention or removal orders are protected from certain state restrictions.
- Agencies cannot use resources for federal immigration enforcement unless legally authorized.
Court Civil Arrest Regulations
- Civil arrests are limited to specific legal circumstances; they cannot occur in courthouses unless authorized.
- Arrest warrants or orders must be reviewed by a judge before arresting at a courthouse.
- Arrests without proper judicial documentation are considered false imprisonment.
- Courts will report annually on judicial warrants and arrests related to civil proceedings.
Oversight and Auditing of Immigration Facilities
- The state auditor can audit immigration detention facilities and related activities.
- Audits will assess compliance with laws, safety standards, and resource use.
- A public report on audit findings will be issued by January 1, 2027.
- The department of the state auditor cannot interfere with federal immigration law enforcement.
Immigration Policy and Advisory Body
- A commission on immigration matters will operate for three years, with possible extension.
- The commission will review state laws, policies, and data sharing practices.
- It will make recommendations on interactions with federal agencies and safe spaces.
- The commission will meet quarterly and issue annual reports on its findings.
Employment Verification and Immigration Actions
- Employers must notify employees within 48 hours of receiving an ICE inspection notice.
- Adverse immigration actions include detention, deportation, or denial of entry.
- The law clarifies parental guardianship rights amid immigration actions.
- It restricts certain immigration enforcement practices by law enforcement agencies.
Additional Legal and Policy Amendments
- The act introduces new chapters and amendments to existing laws.
- It sets deadlines for adopting policies in child care centers and schools.
- The Department of Public Health and Mental Health will issue model policies.
- Regulations related to immigration and enforcement will be published within specified timeframes.