Yesterday, the MA House and Senate sent their final, negotiated version of the PROTECT Act to the Governor’s desk.
The House voted 137-21 to accept the conference report and enact the the bill. Republicans Brad Jones (R-North Reading), Marcus Vaughn (R-Wrentham), David Vieira (R-Falmouth), and Donald Wong (R-Saugus) joined Democrats in voting for it. Note that Jones is retiring, and the other three all have Democratic challengers and represent districts that Harris won in 2024.
The Senate took a standing vote, meaning that the AYEs stood and the NAYs stood but no formal record was taken.
Here’s a run-down of what the bill would do, credit to the Protecting Massachusetts Communities Coalition (and especially Julia Schlozman of the Jewish Alliance for Law and Social Action):
Restricting state and local law enforcement collaboration with ICE
- Limits when law enforcement can ask about immigration/citizenship status, permitting the practice only when “directly material to an element” of felony or trafficking and requiring documentation of any such inquiry
- Effectively bans new 287(g) agreements with ICE (i.e., agreements in which state and local law enforcement are deputized as ICE agents)
- The bill, unfortunately, leaves in place the existing agreement between the Department of Correction and ICE, the only statewide agreement in a blue state.
- The ban is not a “clean” ban, but the elaborate multi-step process for getting a time-limited 287(g) agreement under the bill is designed in such a way that it is unlikely to ever happen.
- Bans various types of law enforcement and court staff assistance of ICE, such as participating in civil immigration enforcement, holding someone on a detainer, investigating someone for ICE, stopping or arresting someone based on their status
- Restricts certain information sharing with ICE, namely, law enforcement would be prohibited from providing non-public information about custody status, release date, or court appearances to ICE except at the end of a sentence for certain crimes or in response to a request about a specific individual made within the prior 30 days
Protecting Courthouses
- Bans warrantless civil arrests in or around courthouses, including in courthouse lawns, plazas, courtyards, steps, ramps, sidewalks, walkways, garages, driveways, parking lots
Protecting Elections and Holding ICE Agents Accountable
- Creates civil liability under Massachusetts law for violations of federal laws prohibiting military officers at polling locations and military interference with elections
- Allows federal officers to be sued in state court for violations of the US constitution
Protecting Sensitive Locations
- Bans warrantless civil arrests at day cares, schools, and health care facilities
- Requires day cares, schools, and health care facilities to adopt model plans for interactions with ICE
Protecting Individuals in ICE Detention
- Requires that detainees receive notice at intake in their primary language of the right to counsel, to decline interviews, instructions for contacting legal counsel, and procedures for grievances/other communication
- Requires various types of written materials provided to detainees (e.g., intake materials, medical interactions, etc.) to be translated
- Requires phone confirmation of a detainee’s presence
- Requires facility to (attempt to) notify counsel and contact/family within 6 hours of intake and transfer
- Requires phone calls and videoconferencing between detainees and attorneys
- Prohibits facilities from impeding access to counsel or proceedings
Other Measures
- Allows the Governor to prohibit or limit civil immigration enforcement activities in nonpublic areas of state entities
- Requires the Governor (in consultation with the Attorney General’s Office) to issue multilingual guidelines regarding how state agencies, “private entities,” law enforcement, and school districts should handle interactions with ICE and what civil rights members of the public have when interacting with immigration agents
- Requires employers to provide written notice of an I-9 audit of employee immigration documentation to employees within 48 hours of receipt
- Allows pre-appointment of a legal guardian in case of “adverse immigration action against the parent or guardian”
- Establishes procedures and timelines for law enforcement agencies to issue certifications for T/U visas for victims of trafficking or crime, with a required response window of 45 days
- Allows the State Auditor to audit any sheriff holding ICE detainees, any immigration detention facility, or any “arrangement” that “utilizes” property, services, etc. provided by Massachusetts, a city/town, or a state/local agency
- Establishes a three-year standing commission on immigration issues, renewable for up to three more years
