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Massachusetts law about immigration

A compilation of laws, regulations, cases, and web sources on immigration law.
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Best bets

MassachusettsLegalHelp: Immigration
Produced by the Massachusetts Law Reform Institute. Provides links to information about immigrants’ rights, planning for a family emergency, DACA, healthcare, education rights and more.

US Citizenship and Immigration Services (formerly INS)
Great site includes links to laws, regulations, forms, and more

Massachusetts laws

St.2016, c.172, amending MGL c.90, s.8 An Act Relative to the Federal REAL ID Law
The state will offer 2 types of licenses, 1 of which complies with the REAL ID law for those who can provide proof of lawful presence.

Massachusetts regulations

121 CMR Office for Refugees and Immigrants regulations

Federal laws and regulations

Federal laws

8 USC: US Immigration and Nationality Act

The REAL ID Act of 2005, PL 109-13, Division B, Title II, 2005 

Federal regulations

8 CFR Immigration Regulations

Court and rules

Immigration Court: Boston, Executive Office for Immigration Review

The Immigration Court Practice Manual
"The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts. The requirements set forth in this manual are binding on the parties who appear before the Immigration Courts, unless the Immigration Judge directs otherwise in a particular case."

Selected Massachusetts cases

Commonwealth v. Gautreaux, 458 Mass. 741 (2011). 
Notification to consulate of arrest. "We conclude that the notifications required by art. 36 [of the Vienna Convention] must be provided to foreign nationals on their arrest; and, if not provided, a challenge to the soundness of any conviction resulting therefrom may be made in a motion for a new trial. The standard to be applied in such circumstances is the substantial risk of a miscarriage of justice standard, one that the defendant has not met in this case."

Finch v. Commonwealth Health Insurance Connector Authority, 461 Mass. 232 (2012). 
Commonwealth Care health coverage for legal immigrants. "Section 31(a) [of St.2009, c.65 ] cannot pass strict scrutiny. The discrimination against legal immigrants that its limiting language embodies violates their rights to equal protection under the Massachusetts Constitution."

Lunn v. Commonwealth, 477 Mass. 517 (2017)
Police officers and court officers in Massachusetts lack the authority to hold a person under a civil immigration detainer, when that person would otherwise be released from custody.

Recinos v. Escobar, 473 Mass. 734 (2016)
Jurisdiction. The "Probate and Family Court has jurisdiction, under its broad equity power, over youth between the ages of eighteen and twenty-one for the specific purpose of making the special findings necessary to apply for special immigrant juvenile status pursuant to the Immigration and Nationality Act."

Organizations

Immigration Law Help: Massachusetts. "ImmigrationLawHelp.org is an online directory of nonprofit organizations that provide free or low-cost immigration legal help. Users can search for organizations by state, county, or detention facility. Users can also refine their search by areas and types of legal assistance provided, populations served, and languages spoken."

Web sources

ACLU Immigrant Protection of Western Massachusetts
The Immigrant Protection Project is a coordinated regional effort by attorneys and organizations to provide immigrants in Western Massachusetts with referrals for legal assistance and connections to other services. Contact information is available on the website.

Adjustment of status for immigrant married to US lawful permanent resident, Nolo, 2016.
Includes handy instructions and checklist. Requires library card for access.

Advice for Immigrant Families
A packet produced by the Mass. Law Reform Institute containing information to help immigrant families prepare for an emergency. Includes information on how to fill out a caregiver affidavit authorization, with forms.

Attorney General Guidance
The office of the Attorney General of Massachusetts provides guidance on 

Becoming a U.S. Citizen: Your Guide to the law, Exam & Interview, Nolo, 2016
Includes information on how to apply, preparing your application, taking the exam, and more. Requires library card for access.

Berkshire Immigrant Center
The Berkshire Immigrant Center serves over 800 immigrants and their families in Berkshire County each year by direct services, referrals, legal and procedural counseling, and general support free of charge or at below-market cost.

Citizenship Works
"CitizenshipWorks provides easy-to-use online tools to help low and moderate-income individuals to answer important questions about their eligibility for naturalization, to better understand the naturalization process, and to prepare for the naturalization tests. The CitizenshipWorks toolkit includes:

  • An interactive online interview to help individuals to understand their eligibility for naturalization;
  • A self-paced interactive tutorial that explains the naturalization process step-by-step;
  • An online tutorial to help applicants prepare for the naturalization tests; and
  • Links to other resources and information about citizenship and naturalization available online."

Consideration for Deferred Action for Childhood Arrivals Process (DACA), USCIS, August 2012
Explains in great detail the process and the documents required. Includes links to forms. 

Eligibility of Non-Citizens for MassHealth & other subsidized coverage, Mass. Legal Services, 2014
"Summarizes the current immigrant eligibility rules applicable to pregnant women, children, young adults, and other adults for MassHealth and other subsidized health coverage and includes tables listing different categories of immigrants eligible for different kinds of benefits under health program rules."

Equal Access to Public Education for All Students Irrespective of Immigration Status: Attorney General Advisory, March 2, 2017. 
"State and federal law require state educational agencies and local school districts to provide all elementary and secondary students with equal access to public education—irrespective of race, color, sex, gender identity, religion, national origin, sexual orientation, disability, or immigration status."

Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration, Nolo, 2016
Includes information on visas, green cards, income requirements, preparing the paperwork, and more. Requires library card for access.

A Guide for Immigrant Youths with Green Cards, Children's Law Center of Massachusetts, 2014 
Outlines rights and responsibilities for children with green cards.

How to Get a Green Card, Nolo, 2018.
Includes information on time frames, getting a green card through marriage, child immigrants, visa lottery, consular processing, and more. Requires library card for access.

Immigrant's checklist to prove a bona fide marriage, Nolo, 2016.
"Prove that your marriage is valid when you apply to be a permanent resident of the U.S. using a marriage visa." Requires library card for access.

Immigrant youths, Mass. Law Reform Institute, 2016.
"If you are a child, teenager, or young adult who was born in another country, you probably have a lot of questions about the rules of immigration."  Includes frequently asked questions and answers.

Massachusetts Office for Refugees and Immigrants

Same Sex Marriage and Immigration, US Citizenship and Immigration Services
Explains how to sponsor a same-sex spouse in immigration.

U.S. Immigration Made Easy, Nolo, 2017
Includes information on green card, eligibility, temporary visas, and more. Requires library card for access.

Handbook for Employers: Instructions for Completing the Form I-9, US Dept. of Homeland Security
Extensive document provides answers to key questions such as "What Happens if I Hire an Illegal Alien?"

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: September 20, 2018

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