Updates
Added by St. 2026, c. 163, § 7, effective September 4, 2026.
(a)
As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Articulable, case-specific reason”, necessary to prove an element of a criminal offense that is specific to the facts of that case and documented in the applicable incident report or case file.
“Civil immigration process”, any civil immigration detainer request, administrative warrant, notice to appear, removal order or other civil immigration document not issued by a judge of a court of competent jurisdiction upon a finding of probable cause.
“Federal immigration authority”, the United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Customs and Border Protection or any successor entity, and any person acting on their behalf.
“Immigration detainer”, a request to a law enforcement agency to maintain custody of an individual for immigration enforcement purposes, including detainers issued under 8 U.S.C. §§ 1226 or 1357 or 8 C.F.R. §§ 236.1 or 287.7; provided, however, that “immigration detainer” shall include, but not be limited to, form I-247A titled “Immigration Detainer – Notice of Action” and any predecessor or successor form.
“Law enforcement agency”, (i) a state, county, municipal or district law enforcement agency, including, but not limited to, a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff’s department; (iii) a public or private college, university or other educational institution or hospital police department; or (iv) a humane society police department in section 57 of chapter 22C.
“Law enforcement officer” or “officer”, any officer or employee of a law enforcement agency, including the head of the agency, a special state police officer appointed pursuant to section 57, section 58 or section 63 of chapter 22C, a special sheriff appointed pursuant to section 4 of chapter 37, a deputy sheriff appointed pursuant to section 3 of said chapter 37, a constable executing an arrest for any reason or any other special, reserve or intermittent police officer.
“Nonpublic personal information”, information not otherwise available to the public that is maintained by a law enforcement agency, court or political subdivision.
(b)
(1)
For purposes of this subsection, a person’s immigration or citizenship status shall be deemed directly material only when necessary to establish an element of a specific criminal offense under the laws of the commonwealth and shall not be deemed directly material for assessing credibility, cooperation or for general information gathering.
(2)
No law enforcement officer or employee of a law enforcement agency, the trial court, the appeals court or the supreme judicial court, while acting under color of law, shall:
- (i) except as required by federal or state law, or pursuant to a judicial warrant, court order or treaty, inquire about the immigration or citizenship status of any person; provided, however, that a law enforcement officer may make such inquiry only when the officer has an articulable, case-specific reason to believe the person’s immigration or citizenship status is directly material to an element of a specific criminal offense under sections 50 to 52, inclusive, of chapter 265 or a felony under the laws of the commonwealth being investigated and the officer documents that reason in the incident report or case file;
- (ii) record immigration or citizenship status information except as required by federal, state law, treaty or as documented pursuant to clause (i);
- (iii) use or allow use of state or local resources for, or conduct or participate in, federal civil immigration enforcement, except as required by federal or state law, or pursuant to a judicial warrant, court order or treaty, or allowed by an agreement authorized under section 287(g) of the federal Immigration and Nationality Act 8 U.S.C. § 1357 or other valid intergovernmental service agreement allowed under state law, or to provide information allowed under clause (iv);
- (iv) except as required by federal or state law, or pursuant to a judicial warrant, court order or treaty, or allowed by an agreement authorized under section 287(g) of the federal Immigration and Nationality Act 8 U.S.C. § 1357 or other valid intergovernmental service agreement allowed under state law, knowingly provide a federal immigration authority: (A) nonpublic personal information; (B) advance notice of a person’s release except for release at the completion of a sentence for a felony that constitutes a violent crime as defined in section 121 of chapter 140 that causes serious bodily injury as defined in section 13A of chapter 265, a sex offense, a sexually violent offense or a sex offense involving a child as such offenses are defined in section 178C of chapter 6, a serious drug offense as defined in section 10G of chapter 269 involving a class A or class B narcotic under section 31 of chapter 94C, a firearms offense for which a person is eligible due to dangerousness to be detained pretrial or released on conditions pursuant to section 58A of chapter 276 or an offense involving abuse as defined in section 1 of chapter 209A; (C) a person’s custody status; or (D) advance notice of a person’s upcoming court appearance, except that such information may be provided upon receipt within the preceding 30 days of a written request for such information and that identifies a specific, named individual; provided, however, that such information may only be provided to a federal immigration authority by a law enforcement officer when authorized in writing by an on-duty officer in charge, unless it would be impracticable for such on-duty officer in charge to do so, in which case the provision of such information shall be documented in writing by the law enforcement officer; and
- (v) except as required by federal or state law, or pursuant to a judicial warrant, court order or treaty: (A) stop, arrest, search, seize or detain an individual based on their actual or perceived citizenship or immigration status; (B) investigate, question or interrogate an individual for the purpose of federal civil immigration enforcement; (C) detain or continue to detain an individual based solely on an immigration detainer beyond the time the individual would otherwise be eligible for release from custody; or (D) except as allowed by an agreement authorized under section 287(g) of the federal Immigration and Nationality Act 8 U.S.C. § 1357 or other valid intergovernmental service agreement allowed under state law, transport an individual into an immigration agent’s custody unless pursuant to a judicial warrant or court order.
(c)
(1)
No law enforcement agency or political subdivision of the commonwealth shall execute, renew or materially expand a memorandum of agreement under section 287(g) of the federal Immigration and Nationality Act or any substantially similar agreement or arrangement that deputizes state or local law enforcement officers or personnel to perform civil immigration enforcement functions; provided, however, that the department of correction may maintain the memorandum of agreement under section 287(g) of the federal Immigration and Nationality Act 8 U.S.C. § 1357 in effect as of June 8, 2020; provided further, that the department of correction shall apply to the governor to renew or materially expand a memorandum of agreement under section 287(g) of the federal Immigration and Nationality Act 8 U.S.C. § 1357 or any substantially similar agreement or arrangement that deputizes state or local law enforcement officers or personnel to perform civil immigration enforcement functions or to execute any new agreements; and provided further, that any payments made by the federal government to reimburse the department of correction for costs associated with executing responsibilities under an agreement described in this paragraph shall be transferred to the General Fund.
(2)
Notwithstanding paragraph (1), a law enforcement agency may apply to the governor for a time-limited agreement pursuant to section 287(g) of the federal Immigration and Nationality Act 8 U.S.C. § 1357 of a duration of not more than 12 months; provided, however, that the agreement shall be restricted solely to violations of criminal law and shall not authorize enforcement of Title 8 of the United States Code; provided further, that: (i) the agreement shall be limited to cooperation in the execution of criminal warrants or criminal process issued by a court of competent jurisdiction; (ii) the application shall demonstrate an articulable, imminent public safety interest; (iii) the governor shall issue a written determination after public notice and comment and consultation with the attorney general; (iv) the attorney general shall prepare and publish, contemporaneously with the governor’s written determination, a written legal analysis assessing compliance with this subsection and identifying material legal risks, including potential federal preemption or intergovernmental immunity concerns; (v) any approval of an application shall sunset not later than 12 months after issuance; provided further, that no application shall be automatically renewed; and provided further, that a law enforcement agency may submit a new application pursuant to this paragraph for an additional 12 months; and (vi) the law enforcement agency shall publish quarterly public reports on its website, describing implementation, excluding personally identifying information.
(d)
Nothing in this section shall be construed to restrict or limit the ability of a law enforcement agency or officer or employee of such an agency, the trial court, the appeals court or the supreme judicial court, acting under color of law, to: (i) investigate and enforce criminal law; provided, however, that the law enforcement agency or officer does not take such actions for the purpose of conducting or participating in federal civil immigration enforcement, including, but not limited to: (A) requesting or receiving personally identifying information during a lawful criminal investigation, arrest or booking process; (B) sending fingerprints to the department of state police state identification section or other criminal justice information systems operated by the commonwealth, a political subdivision of the commonwealth or the federal bureau of investigation; (C) communicating with state, local and federal authorities for purposes of conducting coordinated criminal investigations unrelated to federal civil immigration enforcement; (D) transferring an individual to another law enforcement agency for the purpose of enforcing criminal law unrelated to federal civil immigration enforcement; or (E) contacting federal immigration authorities to request that an individual be returned to state or local custody for the purpose of bringing a criminal prosecution against the individual or to be a witness in a criminal prosecution or grand jury; (ii) use de-escalation tactics as defined in section 1 of chapter 6E and maintain peace in public spaces; (iii) make inquiries necessary to certify an individual who has been identified as a potential crime or trafficking victim for a T or U Visa pursuant to 8 U.S.C. § 1101(a)(15)(T) or 1101(a)(15)(U); (iv) notify an individual in the law enforcement agency's custody about that individual’s right to communicate with consular officers, make inquiries regarding an individual’s nationality or citizenship necessary to notify consulates that require notification when an individual is arrested and notify said consulates, in accordance with international law; (v) request evidence of citizenship or immigration status to process an application for or renewal of any firearm license, card or permit pursuant to section 121F of chapter 140 or 18 U.S.C. §§ 921-931; (vi) send to or receive from the federal government an individual’s citizenship or immigration status as required by 8 U.S.C. §§ 1373 and 1644; (vii) enter into or fulfill an inter-governmental services agreement with a federal agency to provide detention services for persons in federal custody; or (viii) comply with the requirements of any other applicable federal, state or local law.
(e)
(1)
The attorney general shall issue guidance providing for a process to submit complaints for violations of this section and may enforce this section by a civil action brought in the superior court for declaratory, injunctive and other equitable relief to compel compliance or prevent violations.
(2)
In an action under this section, the court may issue emergency, long-term and permanent orders, including, but not limited to: (i) an order requiring immediate compliance with a statutory duty; (ii) an order prohibiting conduct that violates this section; (iii) a compliance plan with deadlines; and (iv) reasonable monitoring and periodic reporting to the court.
(3)
Nothing in this section shall be construed to create a private right of action; provided, however, that nothing herein shall limit any remedy otherwise available under law.
(4)
Nothing in this section shall be construed to require or permit a law enforcement agency to provide information or other assistance to a federal immigration authority in contravention of local law or the written policy of such agency.
(5)
Nothing in this section shall be interpreted to alter the responsibilities of law enforcement officers under chapter 6E.
Contact
Online
| Last updated: | August 5, 2026 |
|---|