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A trio of Massachusetts lawmakers refiled a bill on Tuesday that would make it illegal for local court and police officials ask about a persons immigration status, as well as limit cooperation between police and federal immigration agents.

There is no reason that someone who is pulled over by a police officer in a car or interacting in a court has to be asked about their immigration status, said Sen. Jamie Eldridge, an Acton Democrat, who first filed the bill eight years ago.

Eldridge filed the bill, SD. 532, on the Senate side Tuesday morning. Rep. Liz Miranda, a Boston Democrat, and Rep. Ruth Balser, a Newton Democrat, refiled the House version Tuesday morning.

The bill failed to move forward in the Massachusetts Legislature, even as the Trump administration removed priorities for who could be deported and made it difficult for certain foreigners to maintain legal status to stay in the United States.

We know how frightened so many members of our immigrant community feel, so frightened that many wont call a doctor to participate in contact tracing or even now take advantage of the vaccination rollout because of the fear, Balser said, referring to undocumented immigrants who fear going to the doctors office could lead to an encounter with immigration officials.

The bill cleared the Public Safety Committee last session, a first for the proposal, but was never put up for a vote in the Legislature. Balser and Miranda said theyre hopeful the bill will get a vote on the House floor.

Im really hopeful as well that our colleagues will join us because of this moment that were all trying to meet and the consciousness that I think has been raised, particularly in the last six months of the Legislature, Miranda said, noting that more than 90 legislators signed onto the bill last session.

More than 50% of Mirandas district is foreign-born, but immigrants with varying levels of immigration status live across Massachusetts. The Bay State is home to an estimated 250,000 people with temporary or no legal status, ranging from those who are undocumented to those who have protections under Temporary Protected Status or Deferred Action for Childhood Arrivals.

The proposal would prohibit court and police officials from inquiring about someones immigration status unless its required by law. There would be an exception for judges and magistrates if the inquiry is necessary to adjudicate a case.

Under the bill, Immigration and Customs Enforcement agents could only be notified of someones release from prison at the end of their sentence. Lawmakers say it would prevent ICE agents from detaining and deporting immigrants accused of crimes before they have their day in court.

The bill would require that federal immigration agents get written consent before interviewing someone in Massachusetts, which would effectively ensure Miranda rights are extended to non-citizens.

It would also bar local agencies from entering into 287(g) agreements with the federal government, a partnership thats come under scrutiny as local officers are effectively deputized as immigration agents.

Four Massachusetts agencies have 287(g) agreements with ICE. The Barnstable County Sheriffs Office, Bristol County Sheriffs Office, Plymouth County Sheriffs Department and the Massachusetts Department of Corrections renewed their contracts with ICE in 2020.

ICE touts the partnership as a way to get violent criminals off the streets. ICE highlighted a Dec. 3 arrest the Plymouth County Sheriffs Office made of an undocumented Dominican man on a charge of assault and battery with a dangerous weapon. But the agency didnt name the suspect, and immigration records are often kept confidential.

Lawmakers say the 287(g) agreements have not made their communities safer as immigration agents have detained and deported immigrants with little to know criminal records.

More than half of the foreign nationals deported from Massachusetts between October 2009 and February 2020 had no criminal conviction, according to data compiled by the Transactional Records Access Clearinghouse at Syracuse University.

Coming into office, President Joe Biden vowed to undo some of the changes the Trump administration made to crack down on illegal immigration and limit legal immigration. He signed an executive order reversing President Donald Trumps order that removed who is prioritized for deportation, among other immigration-related orders halting border wall construction, reversing the travel ban and preserving DACA.

He also introduced an immigration reform package that, among other things, would offer a path to citizenship for certain undocumented immigrants and those with temporary status.

But Bidens proposal does not limit the 287(g) program, Eldridge said. The was created under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and led to local-federal partnerships in Massachusetts over the past two decades.

The Biden administration has not yet suggested ending the 287(g) agreements, so that piece is critical, Eldridge said. Harmful immigration practices have existed in Massachusetts through both Democratic and Republican administrations. We cant wait for the federal government or Congress to act.

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Should police be able to ask about your immigration status? Legislators refile bill that would prohibit it - MassLive.com