Massachusetts HD 1607: An Act to clarify the jurisdiction of law enforcement officials on immigration issues

Bill Text

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HOUSE DOCKET, NO. 1607        FILED ON: 1/16/2019 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3371 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Marc T. Lombardo 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act to clarify the jurisdiction of law enforcement officials on immigration issues. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: DATE ADDED: 
Marc T. Lombardo 22nd Middlesex 1/16/2019 
Shaunna L. O'Connell 3rd Bristol 1/31/2019 

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HOUSE DOCKET, NO. 1607        FILED ON: 1/16/2019 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3371 
By Mr. Lombardo of Billerica, a petition (accompanied by bill, House, No. 3371) of Marc T. 
Lombardo and Shaunna L. O'Connell relative to the jurisdiction of law enforcement officials on 
immigration issues.  The Judiciary. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-First General Court 
(2019-2020) 
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An Act to clarify the jurisdiction of law enforcement officials on immigration issues. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. Chapter 276 of the General Laws is hereby amended by inserting after 
2section 28 the following new section:- 
3  Section 28A.  Any law enforcement officer shall have authority, with or without warrant, 
4to enforce the criminal laws of the United States, including those enumerated in Title 8 of the 
5United States Code, provided that there is probable cause to believe that a violation of the law 
6has occurred.  Such probable cause may be based on the personal observations and belief of the 
7officer, or may be based on information provided by reliable sources, including other federal, 
8state or local law enforcement officers. 
9  Any law enforcement officer shall additionally have the authority to arrest and detain a 
10person, without having a warrant for such arrest in his possession, if the officer making such 
11arrest and detention, or the agency or department in which the officer serves, possesses an 
12Immigration Detainer lawfully issued by the United States Department of Homeland Security 

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13whereby said federal agency has indicated that it has determined that probable cause exists that 
14that person is a removable alien.  Any detention under this section shall not exceed 48 hours 
15beyond the time that the person would otherwise be released from custody or admitted to bail.  
16Said person must be served with a copy of the Immigration Detainer for such arrest and detention 
17to be lawful.