PROTECT Act: What's in the Mass. immigrant protections bill
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Illustration: Brendan Lynch/Axios
A bill that would bolster immigrant protections in Massachusetts nears the finish line this week.
Why it matters: The proposal would limit police from interacting with federal immigration agents in most cases and outline how schools, daycares, hospitals and other public-facing institutions respond to agents.
Catch up quick: A deal on the bill emerged Wednesday after roughly two months of negotiations.
- All lawmakers on the panel but one — Republican Rep. Ryan C. Fattman — signed onto the latest version.
The latest: The House passed the bill Thursday afternoon, 135-21.
- The Senate is debating the proposal.
- If enacted, it goes to Gov. Maura Healey for her signature.
Friction point: Progressive Democrats and immigrant rights activists praised the bill's advancement, but some expressed concerns about what they consider a 287(g) carve-out.
- The provision would let local law enforcement agencies get special permission from the governor to enter a 287(g) agreement, assisting federal immigration agents, for up to a year if the work focuses only on criminal suspects.
- Kevin Lam, co-executive director of the Asian American Resource Workshop, said the bill marked a step forward but that it fails to protect Asian immigrants with decades-old criminal convictions from detention and deportation.
- Lam and other members of the People's PROTECT Act Coalition said the bill largely lacks Asian representation in the immigration commission created under the law.
Here's what else is in the bill:
🚔 Local and state law enforcement wouldn't be allowed to ask about someone's immigration status during a routine police stop or question someone for ICE unless it is directly related to a criminal investigation.
- It also states that it's not meant to bar local and state agencies from complying with a judicial warrant or investigating a crime.
🚸 The bill would ban civil immigration arrests without a judicial warrant at public schools, daycares, hospitals and doctor's offices and state courts.
- It would also let the governor ban ICE activity in private areas of state facilities.
⚖️ U and T visas: Law enforcement agencies would have to process applications for visas eligible to victims of certain crimes within 45 days.
- Investigators don't need to secure charges or a conviction to certify a U or T visa for an alleged crime victim.
📝 Guidelines: Massachusetts would have to publish multilingual guidelines for businesses, law enforcement agencies and other institutions for how to respond to ICE encounters.
- It also requires state prisons and county jails to give prisoners multilingual guidelines on their right to counsel, legal aid resources and other information.
🧑🧑🧒🧒 Guardianship: The state would recognize pre-arranged guardian plans even if parents are detained and deported, without terminating their parental rights.
💼 Employee notification: If a company gets a notice of inspection from ICE to verify employment eligibility, the employer has to notify its workers at least 48 hours in advance.
