MA S1268

Court officers may detain individuals for up to 12 hours after scheduled release to transfer custody to ICE, when directed by a judge and upon receipt of a written ICE detainer request and administrative warrant

Detention requires a judicial finding that the person poses a public safety threat based on specific criteria, including terrorism/espionage, gang-related convictions, felony convictions, aggravated felonies, or convictions for domestic violence, sexual abuse, human trafficking, burglary, unlawful firearm possession, drug trafficking, or repeat DUI offenses

Judges who decline ICE detainer requests must file written explanations as public records that cannot be sealed, with redactions only permitted to protect names of minors and victims

Judges must consider the existence of ICE detainer requests when setting bail, and may withhold bail pending ICE action if a written detention request with probable cause and an administrative warrant exists

The bill does not create a private right of action and does not alter the legality of arrests otherwise lawful under Massachusetts law