H 5305

HOUSE . . . . . . . . No. 5305
  The Commonwealth of Massachusetts
  ________________________________________
  HOUSE OF REPRESENTATIVES, March 24, 2026.
   The committee on Ways and Means, to whom was referred the Bill
promoting rule of law, oversight, trust, and equal constitutional treatment
("The PROTECT Act") (House, No. 5293), reports recommending that the
same ought to pass with an amendment substituting therefor the
accompanying bill (House, No. 5305).
  For the committee,
  AARON MICHLEWITZ.
  FILED ON: 3/24/2026
HOUSE . . . . . . . . . . . . . . . No. 5305
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
     An Act promoting rule of law, oversight, trust and equal constitutional treatment.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
1SECTION 1. Chapter 6 of the General Laws is hereby amended by adding the following
2 3 sections:-
3Section 223. For the purposes of this section and sections 224 and 225, the following
4 words shall, unless the context clearly requires otherwise, have the following meanings:
5“Civil immigration enforcement”, any and all efforts to investigate, enforce or assist in
6 the investigation or enforcement of any federal civil immigration law.
7“Judicial warrant” or “judicial order”, an arrest warrant or other judicial order, issued by
8 a judge or magistrate sitting in the judicial branch of a local or state government or of the federal
9 government, authorizing an arrest.
10“Law enforcement agency”, (i) a state, county, municipal or district law enforcement
11 agency, including, but not limited to: (a) a city, town or district police department; (b) the office
12 of environmental law enforcement; (c) the University of Massachusetts police department; (d)
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13 the department of the state police; (e) the Massachusetts Port Authority police department, also
14 known as the Port of Boston Authority police department; and (f) the Massachusetts Bay
15 Transportation Authority police department; (ii) a sheriff’s department in its performance of
16 police duties and functions; (iii) a public or private college, university or other educational
17 institution or hospital police department; (iv) a federal law enforcement agency; or (v) a humane
18 society police department in section 57 of chapter 22C.
19“Law enforcement officer”, (i) any officer of a law enforcement agency, including the
20 head of the law enforcement agency; (ii) a special state police officer appointed pursuant to
21 section 57, section 58 or section 63 of chapter 22C; (iii) a special sheriff appointed pursuant to
22 section 4 of chapter 37 performing police duties and functions; (iv) a deputy sheriff appointed
23 pursuant to section 3 of said chapter 37 performing police duties and functions; (v) a constable
24 executing an arrest for any reason; or (vi) any other special, reserve or intermittent police officer.
25“Person”, a resident of, or visitor to, the commonwealth regardless of immigration status.
26“Private entity”, (i) a private organization employing, enrolling or admitting to
27 membership 10 or more people; or (ii) any private organization receiving state funds.
28“State agency”, (i) any department, board, commission, division or authority of the state
29 government or subdivision of any of the foregoing, or official of the state government,
30 authorized by law to make regulations or to conduct adjudicatory proceedings; (ii) the general
31 court and any special legislative commission created by the general court; and (iii) any quasi-
32 state agency.
33“State entity”, any land, building, or part thereof, owned, leased, occupied, controlled by
34 or used for business by the commonwealth, except for state courthouses.
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35Section 224. (a) Except as required by state or federal law or as required to administer a
36 state or federally supported or funded program, the governor may prohibit, or otherwise limit, in
37 nonpublic areas of any state entity, civil immigration enforcement activities.
38(b) The governor shall direct the executive office of administration and finance, pursuant
39 to chapter 30A, to promulgate rules or regulations necessary for the administration and
40 enforcement of this section; provided, however, that the rules or regulations may identify state
41 entities requiring prioritization to minimize violations of people’s civil rights related to civil
42 immigration enforcement.
43Section 225. (a) The governor, in consultation with the attorney general, shall publish
44 multilingual guidelines for all state agencies and private entities on how to handle interactions
45 with law enforcement officers involved in civil immigration enforcement. The multilingual
46 guidelines shall include, but shall not be limited to, guidance on:
47(i) designating a contact person or persons to be notified of the presence of, or
48 information requests from, law enforcement agents engaged in civil immigration enforcement;
49(ii) verifying the identity and authority of any law enforcement officer engaged in civil
50 immigration enforcement;
51(iii) verifying the validity of any judicial warrant or judicial order provided;
52(iv) documenting and maintaining records of all interactions with law enforcement agents
53 engaged in civil immigration enforcement; and
54(v) informing all persons how to respond to requests relating to civil immigration
55 enforcement.
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56(b) The governor, in consultation with the attorney general, shall publish multilingual
57 guidelines for all law enforcement agencies on how to handle interactions between law
58 enforcement officers and people regarding civil immigration enforcement. The multilingual
59 guidelines shall include, but shall not be limited to, guidance on:
60(i) the duties and responsibilities of law enforcement agencies and law enforcement
61 officers related to civil immigration enforcement;
62(ii) reporting on activities of law enforcement officers involved in civil immigration
63 enforcement that are conducted in the presence of local and state law enforcement; and
64(iii) providing any report of activities of law enforcement officers involved in civil
65 immigration enforcement to the attorney general for review and enforcement.
66(c) The governor, in consultation with the attorney general, shall publish multilingual
67 guidelines explaining individual civil rights related to federal immigration enforcement,
68 including, but not limited to, guidelines on how people can contact legal services related to civil
69 immigration enforcement.
70(d) The governor shall post the published guidelines pursuant to this section prominently
71 on the commonwealth’s website.
72SECTION 2. Chapter 127 of the General Laws is hereby amended by inserting after
73 section 87A the following section:-
74Section 87B. (a) As used in this section, the following words shall, unless the context
75 clearly requires otherwise, have the following meanings:
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76“Competent interpreter services”, as defined in subsection (a) of section 25J of chapter
77 111.
78“County correctional facility”, as defined in section 1 of chapter 125.
79“Facility”, any state correctional facility, state prison, county correctional facility, house
80 of correction or prerelease center, that houses detained individuals. “Facility” shall not include
81 courthouses.
82“State correctional facility”, as defined in section 1 of chapter 125.
83(b) This section shall apply to any facility.
84(c) Upon intake, each facility shall provide each detained individual with the following
85 written notices, in the individual’s primary language: (i) notice of the right to legal counsel; (ii)
86 notice of the right to decline interviews by state or federal law enforcement or consular officials;
87 (iii) instructions for contacting legal counsel and legal services; and (iv) the procedures for
88 confidential legal communications and grievance review.
89(d)(1) Each facility shall ensure confidential, unmonitored attorney-client telephone
90 communications.
91(2) Each facility shall provide a verified legal counsel phone line allowing the legal
92 counsel of record to complete not less than 1 confidential inbound call per day with the detained
93 individual; provided, however, that if direct inbound calling is technologically infeasible for a
94 facility, the facility shall provide a system for the legal counsel of record to request a confidential
95 callback that shall occur not later than 24 hours after the request by the legal counsel of record.
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96(e)(1) Each facility shall maintain a record identifying each individual detained in the
97 facility that shall include, but shall not be limited to: (i) confirmation of custody of the detained
98 individual in the facility; (ii) contact-routing information sufficient for legal counsel and a person
99 designated by the detained individual pursuant to clause (ii) of paragraph (2) to maintain contact
100 with the detained individual; and (iii) a facility procedure for legal communications and general
101 inquiries. The record shall be updated not later than 6 hours after intake into the facility and not
102 later than 6 hours after any transfer out of the facility.
103(2) A facility shall provide the record to: (i) the legal counsel of record; and (ii) a person
104 designated, orally or in writing, by the detained individual at intake and recorded in the intake
105 record.
106(f) Not later than 6 hours after any transfer of a detained individual, to or from the
107 facility, each facility shall make reasonable efforts to notify the legal counsel of record and any
108 designated contact recorded pursuant to clause (ii) of paragraph (2) of subsection (e), including,
109 but not limited to, the name of the receiving facility and instructions for locating the individual.
110(g) The facility shall provide competent interpreter services for any: (i) intake materials
111 pursuant to subsection (c); (ii) medical related interactions; (iii) mental and behavioral health
112 related interactions; (iv) disciplinary related interactions; (v) legal-access related interactions;
113 and (vi) grievance related interactions.
114(h)(1) No facility shall impede a detained individual’s reasonable access to legal counsel
115 or any required proceedings.
116(2) Each facility shall provide transportation or functional remote access to mandatory
117 government appointments or any other court proceedings.
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118(i)(1) Each facility shall provide a public phone number for a caller to obtain
119 confirmation of whether an individual is detained at a facility and shall provide information on
120 how a caller may obtain contact instructions; provided, that the facility may require the caller to
121 provide the individual’s full name, date of birth and additional identifying information, as
122 necessary, to resolve multiple matches.
123(2) Each facility shall limit disclosure to the minimum information necessary to locate
124 and contact the detained individual.
125(3) Each facility shall maintain audit logs of access attempts and disclosures for not less
126 than 1 year.
127(4) Each facility shall implement reasonable identity verification, auditing and privacy
128 safeguards.
129(5) Each facility shall adopt written policies for identity verification and access control.
130(j) The secretary of public safety and security, in consultation with the attorney general,
131 shall promulgate regulations establishing minimum compliance standards and requirements for
132 written policies at each facility.
133(k)(1) The attorney general may enforce this section by a civil action brought in the
134 superior court for declaratory, injunctive and other equitable relief to compel compliance or
135 prevent violations.
136(2) In an action brought under this section, the court may issue emergency, long-term and
137 permanent orders, including, but not limited to: (i) an order requiring immediate compliance with
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138 a statutory duty; (ii) an order prohibiting conduct that violates this section; (iii) a compliance
139 plan with deadlines; and (iv) reasonable monitoring and periodic reporting to the court.
140(3) Nothing in this section shall be construed to create a private right of action; provided,
141 however, that nothing herein shall limit any remedy otherwise available under law.
142SECTION 3. Chapter 147 of the General Laws is hereby amended by adding the
143 following section:-
144Section 64. (a) As used in this section, the following words shall, unless the context
145 clearly requires otherwise, have the following meanings:
146“Articulable, case-specific reason”, necessary to prove an element of a criminal offense
147 that is specific to the facts of that case and documented in the applicable incident report or case
148 file.
149“Civil immigration process”, any civil immigration detainer request, administrative
150 warrant, notice to appear, removal order or other civil immigration document not issued by a
151 judge of a court of competent jurisdiction upon a finding of probable cause.
152“Federal immigration authority”, the United States Department of Homeland Security,
153 U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection or any
154 successor entity, and any person acting on their behalf.
155“Law enforcement agency”, as defined in section 1 of chapter 6E.
156“Law enforcement officer”, as defined in section 1 of chapter 6E.
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157“Nonpublic personal information”, information not otherwise available to the public that
158 is maintained by a law enforcement agency or political subdivision.
159(b)(1) For purposes of this subsection, a person’s immigration or citizenship status shall
160 be deemed directly material only when necessary to establish an element of a specific criminal
161 offense under the laws of the commonwealth and shall not be deemed directly material for
162 assessing credibility, cooperation or for general information gathering.
163(2) No law enforcement officer or employee of a law enforcement agency shall:
164(i) except as required by federal or state law, or pursuant to a judicial warrant, court order
165 or treaty, inquire about the immigration or citizenship status of any person; provided, however,
166 that a law enforcement officer may make such inquiry only when the officer has an articulable,
167 case-specific reason to believe the person’s immigration or citizenship status is directly material
168 to an element of a specific criminal offense under the laws of the commonwealth being
169 investigated and the officer documents that reason in the incident report or case file;
170(ii) record or maintain immigration or citizenship status information except as required by
171 federal, state law, treaty or as documented pursuant to clause (i);
172(iii) except as required by federal or state law, or pursuant to a judicial warrant, court
173 order or treaty, use state or local resources for a federal civil immigration enforcement action; or
174(iv) except as required by federal or state law, or pursuant to a judicial warrant, court
175 order or treaty, initiate contact with any federal authority to: (A) provide nonpublic personal
176 information to a federal immigration authority; or (B) provide advance notice of a person’s
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177 release date; provided, however, that the release date of a person’s completed sentence may be
178 provided.
179(c)(1) No law enforcement agency or political subdivision of the commonwealth shall
180 execute, renew or materially expand a memorandum of agreement under section 287(g) of the
181 federal Immigration and Nationality Act or any substantially similar agreement or arrangement
182 that deputizes state or local law enforcement officers or personnel to perform civil immigration
183 enforcement functions; provided, however, that the department of correction may maintain the
184 memorandum of agreement under section 287(g) of the federal Immigration and Nationality Act
185 8 U.S.C. § 1357 in effect as of June 8, 2020; and provided further, that the department of
186 correction shall apply to the executive office of public safety and security to renew or materially
187 expand a memorandum of agreement under section 287(g) of the federal Immigration and
188 Nationality Act 8 U.S.C. § 1357 or any substantially similar agreement or arrangement that
189 deputizes state or local law enforcement officers or personnel to perform civil immigration
190 enforcement functions or to execute any new agreements.
191(2) Notwithstanding paragraph (1), a law enforcement agency may apply to the secretary
192 of public safety and security for a time-limited agreement not greater than 12 months, pursuant to
193 section 287(g) of the federal Immigration and Nationality Act 8 U.S.C. § 1357; provided, that the
194 agreement shall be restricted solely to criminal public safety purposes and shall not authorize
195 civil immigration enforcement; provided further, that: (i) the agreement shall be limited to
196 cooperation in the execution of criminal warrants or criminal process issued by a court of
197 competent jurisdiction; (ii) the application shall demonstrate an articulable, imminent public
198 safety interest; (iii) the secretary of public safety and security shall issue a written determination
199 after public notice and comment and consultation with the attorney general; (iv) the attorney
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200 general shall prepare and publish, contemporaneously with the secretary’s written determination,
201 a written legal analysis assessing compliance with this subsection and identifying material legal
202 risks, including potential federal preemption or intergovernmental immunity concerns; (v) any
203 approval of an application shall sunset not later than 12 months after issuance; provided, that no
204 application shall be automatically renewed; and provided further, that a law enforcement agency
205 may submit a new application pursuant to this paragraph for an additional l2 months; and (vi) the
206 law enforcement agency shall file quarterly public reports, available on the law enforcement
207 agency’s website, describing implementation, excluding personally identifying information.
208(d) Nothing in this section shall be construed to: (i) prohibit or restrict sending to, or
209 receiving from, federal immigration authorities information regarding an individual’s citizenship
210 or immigration status as described in 8 U.S.C. § 1373 or 8 U.S.C. § 1644; or (ii) limit
211 cooperation with federal authorities in the investigation or prosecution of criminal offenses,
212 including compliance with judicial warrants, subpoenas or court orders.
213(e)(1) The attorney general may enforce this section by a civil action brought in the
214 superior court for declaratory, injunctive and other equitable relief to compel compliance or
215 prevent violations.
216(2) In an action under this section, the court may issue emergency, long-term and
217 permanent orders, including, but not limited to: (i) an order requiring immediate compliance with
218 a statutory duty; (ii) an order prohibiting conduct that violates this section; (iii) a compliance
219 plan with deadlines; and (iv) reasonable monitoring and periodic reporting to the court.
220(3) Nothing in this section shall be construed to create a private right of action; provided,
221 however, that nothing herein shall limit any remedy otherwise available under law.
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222SECTION 4. Section 19C of chapter 149 of the General Laws, as appearing in the 2024
223 Official Edition, is hereby amended by inserting after the second paragraph the following
224 paragraph:-
225Except as required by federal law, not later than 48 hours after receiving a notice of
226 inspection by U.S. Immigration and Customs Enforcement for I-9 employment eligibility
227 verification forms or other employment records, each employer shall provide written notice to
228 each employee of any such request.
229SECTION 5. The General Laws are hereby further amended by inserting after chapter
230 221C the following chapter:-
231Chapter 221D
232CIVIL ARRESTS IN COURTS
233Section 1. As used in this chapter, the following words shall, unless the context clearly
234 requires otherwise, have the following meanings:
235“Civil arrest”, an arrest that is not: (i) for the purpose of preparing the person subject to
236 such arrest for criminal prosecution for an alleged violation of the criminal law of: (A) the
237 commonwealth or another jurisdiction within the United States, for which a sentence of a term of
238 imprisonment is authorized by law; or (B) the United States, for which a sentence of a term of
239 imprisonment is authorized by law and for which federal law requires an initial appearance
240 before a federal judge, federal magistrate or other judicial officer pursuant to the federal rules of
241 criminal procedure that govern initial appearances; (ii) for contempt of court; (iii) for a capias
242 issued by a judge of the commonwealth; (iv) for a parole warrant issued under section 149A of
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243 chapter 127 or a probation warrant issued under section 3 of chapter 279; (v) for a governor’s
244 warrant of arrest issued under section 16 of chapter 276; or (vi) related to an application for
245 commitment under section 12 of chapter 123.
246“Courthouse”, the interior of any facility or property in which a court of the
247 commonwealth conducts business.
248“Judicial warrant” or “judicial order”, an arrest warrant or other judicial order, issued by
249 a judge or magistrate sitting in the judicial branch of a local or state government or of the federal
250 government, authorizing an arrest.
251“Law enforcement agency”, (i) a state, county, municipal or district law enforcement
252 agency, including, but not limited to: a city, town or district police department, the office of
253 environmental law enforcement, the University of Massachusetts police department, the
254 department of the state police, the Massachusetts Port Authority police department, also known
255 as the Port of Boston Authority police department, and the Massachusetts Bay Transportation
256 Authority police department; (ii) a sheriff’s department in its performance of police duties and
257 functions; (iii) a public or private college, university or other educational institution or hospital
258 police department; (iv) a federal law enforcement agency; or (v) a humane society police
259 department in section 57 of chapter 22C.
260“Law enforcement officer”, any officer of a law enforcement agency, including the head
261 of the agency; a special state police officer appointed pursuant to section 57, section 58 or
262 section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37
263 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said
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264 chapter 37 performing police duties and functions; a constable executing an arrest for any reason;
265 or any other special, reserve or intermittent police officer.
266Section 2. (a) No law enforcement officer or other employee or representative of a law
267 enforcement agency shall make a civil arrest of an individual present at a courthouse unless such
268 law enforcement officer, employee or representative: (i) is acting in their official capacity; and
269 (ii) has provided documentation to a designated judge, justice or judicial magistrate sitting in the
270 courthouse demonstrating that the individual to be arrested is the subject of a judicial warrant or
271 judicial order authorizing civil arrest. The designated judicial official shall promptly review such
272 documentation.
273(b) Except in extraordinary circumstances, as determined by the designated judicial
274 official, a civil arrest shall not be made by a law enforcement officer or other representative of a
275 law enforcement agency in a courtroom.
276Section 3. (a) Copies of all warrants and orders authorizing arrest and provided to court
277 personnel pursuant to this chapter shall be maintained by the chief justice of the trial court.
278(b) Annually, not later than July 1, the trial court shall prepare, publish on the court’s
279 website and provide to the governor, the speaker of the house of representatives, the president of
280 the senate, the clerks of the house and senate, the chairs of the joint committee on public safety
281 and homeland security and the chairs of the joint committee on the judiciary a report containing
282 information on the warrants and judicial orders received by each local and state court of the
283 commonwealth pursuant to this chapter in the past year. The report shall include, but shall not be
284 limited to: (i) the date each judicial warrant or judicial order was signed; (ii) the name of the
285 judge who issued the judicial warrant or judicial order; (iii) the name and location of the court
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286 that issued the judicial warrant or judicial order, as shown by such judicial warrant or judicial
287 order; (iv) the date the judicial warrant or judicial order was presented to the court; (v) a
288 description of the type of judicial warrant or judicial order; and (vi) if known, whether or not an
289 arrest occurred with respect to such warrant and the date and location of such arrest.
290Section 4. An arrest or detention in violation of this chapter shall constitute false
291 imprisonment; provided, however, that nothing in this chapter shall affect any right or defense
292 available to a person, law enforcement officer, public officer or court employee acting lawfully
293 and in accordance with duties pursuant to section 70A of chapter 221.
294Section 5. (a)(1) The attorney general may enforce this chapter by a civil action brought
295 in the superior court for declaratory, injunctive or other equitable relief.
296(2) In an action under this chapter, the court may issue relief, including, but not limited
297 to, emergency, long-term and permanent orders, including, but not limited to: (i) an order
298 requiring immediate compliance with a statutory duty; (ii) an order prohibiting conduct that
299 violates this section; (iii) a compliance plan with deadlines; and (iv) reasonable monitoring and
300 periodic reporting to the court.
301(b) Nothing in this chapter shall be construed to create a private right of action; provided,
302 however, that nothing herein shall limit any remedy otherwise available under law; and provided
303 further, that an individual may apply for a writ of habeas corpus if the individual has reasonable
304 cause to believe a violation of this chapter has occurred.
305Section 6. Nothing in this chapter shall be construed to narrow or abrogate rights or
306 privileges against civil arrest that exist under the common law.
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307Section 7. No action may be commenced pursuant to this chapter against the judicial
308 branch or any officer or employee of the judicial branch acting lawfully and in good faith,
309 pursuant to such officer’s or employee’s official duties and in accordance with this chapter and
310 other applicable laws and regulations.
311Section 8. Nothing in this chapter shall be interpreted to require any person, including
312 any law enforcement officer, court employee or court officer, to interfere with or assist the
313 actions of a federal official engaged in civil immigration enforcement. Nothing in this chapter
314 shall be interpreted to confer upon any law enforcement officer the authority, obligation or
315 responsibility to enforce, interpret, supervise, assess compliance with or prevent conduct
316 governed by this chapter.
317Section 9. The chief justice of the trial court may issue rules and notices to implement
318 this chapter; provided, however, that the protections of this chapter shall apply regardless of
319 whether the trial court implements rules or notices.
320SECTION 6. The General Laws are hereby further amended by striking out chapter 258F
321 and inserting in place thereof the following chapter:-
322Chapter 258F
323CERTIFICATION FOR VICTIMS OF CRIMINAL ACTIVITY AND HUMAN
324 TRAFFICKING
325Section 1. As used in this chapter, the following words shall, unless the context clearly
326 requires otherwise, have the following meanings:
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327“Certifying entity”, any law enforcement agency, any district attorney and the attorney
328 general.
329“Helpful” or “helpfulness”, as described in 8 U.S.C. § 1101 or any related guidance and
330 required on the applicable federal certification form; provided, that “helpfulness” shall include
331 being helpful in the past, currently being helpful or being likely to be helpful.
332“Qualifying criminal activity”, (i) criminal activity described in 8 U.S.C. §
333 1101(a)(15)(U)(iii) and severe forms of trafficking in persons described in 8 U.S.C. §
334 1101(a)(15)(T); and (ii) any offense under the laws of the commonwealth or a political
335 subdivision thereof that is substantially similar.
336Section 2. A certifying entity may certify a request of a victim of qualifying criminal
337 activity who intends to petition for a nonimmigrant visa under 8 U.S.C. § 1101(a)(15)(U) or from
338 a victim of severe forms of trafficking in persons who intends to petition for a nonimmigrant visa
339 under 8 U.S.C. § 1101(a)(15)(T), pursuant to this chapter. For purposes of determining whether a
340 person is a victim of qualifying criminal activity for certification, a certifying entity shall not
341 require the filing of criminal charges or a conviction. For purposes of certification decisions
342 under this chapter, allegations of wage theft, workplace safety violations, housing violations or
343 labor exploitation accompanied by threats of deportation, intimidation or retaliation may
344 constitute qualifying criminal activity where the alleged conduct is reasonably consistent with
345 extortion, coercion, involuntary servitude, peonage, obstruction of justice, witness intimidation
346 or other substantially similar offenses under state or federal law.
347Section 3. Each certifying entity shall adopt, publish and maintain a written certification
348 policy consistent with this chapter and the regulations promulgated pursuant to section 6. The
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349 policy shall include, but shall not be limited to: (i) identification of a designated certifying
350 official within the certifying entity and an alternate; (ii) a description of how requests may be
351 submitted, which shall include, but not be limited to, by email, through legal counsel or through
352 an authorized advocate; (iii) objective criteria used to assess whether a person is a victim who
353 meets the requirements for helpfulness consistent with federal certification forms; (iv) a
354 prohibition of consideration of the applicant’s immigration admissibility or eligibility beyond the
355 determinations required by the federal certification form; (v) a prohibition of any fee; and (vi) a
356 description of the certifying entity’s internal review process for denials.
357Section 4. (a) Not later than 45 days after receiving the request, a certifying entity shall
358 respond to a certification request from a victim of qualifying criminal activity who intends to
359 petition for a nonimmigrant visa under 8 U.S.C. § 1101(a)(15)(U) or from a victim of severe
360 forms of trafficking in persons who intends to petition for a nonimmigrant visa under 8 U.S.C. §
361 1101(a)(15)(T).
362(b) If the applicant, or the applicant’s counsel or advocate, certifies that the applicant is in
363 federal removal proceedings or has a scheduled immigration court hearing within 45 days, the
364 certifying entity shall respond not later than 14 business days after receiving the request;
365 provided, however, that if extraordinary circumstances outside of the certifying entity’s control
366 prevent the certifying entity from responding within 14 business days after receiving the request,
367 the certifying entity shall provide a written explanation of the delay to the applicant, or the
368 applicant’s counsel or advocate, which shall include a projected response date.
369(c) The certifying entity shall respond by: (i) completing and signing the applicable
370 federal certification form; (ii) issuing a written denial without prejudice that states the specific
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371 reasons the request does not meet the requirements of the entity’s policy under section 3 and
372 identifies the internal review process; or (iii) issuing a written explanation of delay as provided
373 in subsection (b).
374Section 5. (a) A certifying entity shall establish a rebuttable presumption of helpfulness
375 for any victim who timely reports qualifying criminal activity and is willing to be helpful or
376 provide information in a manner reasonably requested by the certifying entity. A certifying entity
377 shall not deny a request solely because: (i) no arrest was made; (ii) the case was closed; (iii) the
378 victim has a criminal record unrelated to the qualifying criminal activity; or (iv) the victim chose
379 to exercise constitutional rights.
380(b) No state or local employee shall report or threaten to report an individual to federal
381 immigration authorities in retaliation for seeking certification, reporting a crime, participating in
382 an investigation, filing a labor or civil rights complaint or cooperating with a proceeding.
383Section 6. (a) The secretary of public safety and security, in consultation with the
384 attorney general, may promulgate regulations to implement this chapter, including, but not
385 limited to: (i) minimum standards for internal review processes, training and data reporting under
386 this chapter; and (ii) allowing any executive branch agency or its political subdivision to
387 facilitate the submission of an application for certification pursuant to this chapter.
388(b) Annually, each certifying entity shall report to the secretary of public safety and
389 security aggregate data sufficient to evaluate compliance, including request volume, response
390 times, approvals, denials and reasons for denial, in a manner that protects confidentiality.
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391Section 7. Notwithstanding subsection (b) of section 64 of chapter 147, a law
392 enforcement agency may inquire into the immigration or citizenship status of a victim of a crime,
393 witness or person seeking assistance, in accordance with this chapter.
394SECTION 7. Section 58 of chapter 276 of the General Laws, as appearing in the 2024
395 Official Edition, is hereby amended by inserting after the word “community”, in line 31, the
396 following words:- , the likelihood of imminent deportation.
397SECTION 8. Not later than 190 days of the effective date of this act, the rules or
398 regulations required by section 224 of chapter 6 of the General Laws, inserted by section 1, shall
399 be published and posted on the commonwealth’s website; provided, however, that within 30 days
400 of the effective date of this act, the governor shall direct the executive office of administration
401 and finance to publish temporary guidelines pending publication of the final rules or regulations
402 required by subsection (b) of said section 224 of said chapter 6; and provided further, that the
403 governor may direct the executive office of administration and finance to publish emergency
404 regulations pursuant to chapter 30A of the General Laws pending publication of the final rules or
405 regulations required by said subsection (b) of said section 224 of said chapter 6.
406SECTION 9. Not later than 190 days of the effective date of this act, the guidelines
407 required pursuant to section 225 of chapter 6 of the General Laws, inserted by section 1, shall be
408 published and posted to the commonwealth’s website.
409SECTION 10. Sections 2, 5, and 6 shall take effect 90 days after the effective date of this
410 act.
411SECTION 11. Section 3 shall take effect 180 days after the effective date of this act.
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