MA H1805

Court officers may detain individuals for up to 12 hours after scheduled release upon judicial officer direction when ICE provides a written detention request with probable cause of removable alien status and an administrative arrest or deportation warrant

Detention requires judicial determination that the person poses a public safety threat based on specific criteria including terrorism/espionage, criminal street gang conviction, felony conviction, aggravated felony, or convictions for domestic violence, sexual abuse, human trafficking, burglary, firearm offenses, drug trafficking, or second DUI offense

Judicial officers must document in writing and file as public record their reasons for declining any ICE detention request, with only names of minors and victims eligible for redaction

Judges must consider ICE detainer requests when setting bail, and may withhold bail pending ICE action if a written detention request and administrative warrant exist

Filed January 17, 2025 by Representative Bradley H. Jones, Jr. (20th Middlesex) with 9 co-sponsors, amending Chapter 276 of the General Laws by adding Sections 20S and 104