A Massachusetts court has ordered Plymouth County Sheriff’s Office to hand over hundreds of anonymized health records of immigrant detainees, ruling that state public records law applies even when a detention facility is under contract with ICE.
What changed
Judge James Budreau issued the order, released Wednesday, a month after attorneys for the sheriff and the American Civil Liberties Union of Massachusetts sparred in Suffolk County Superior Court. The ACLU sued for records generated for immigrant detainees at Plymouth County Correctional Facility, the only immigrant detention facility in Massachusetts.
At the July 7 hearing, the Sheriff’s Office argued that federal law prohibited them from issuing the health records, contending that federal dominion over immigration law pre-empted the state’s public records law despite the Sheriff’s Office being a state agency. However, Judge Budreau found that “the state law at issue is not, however, an attempt by the Commonwealth to regulate the documentation of immigrants.”
Why it matters
This ruling rejects a key shield used by detention facilities: the claim that an ICE contract creates federal preemption of state transparency laws. For practitioners in Massachusetts, the decision means:
- Records access: Government transparency and the rights of immigrant detainees are protected even at ICE detention facilities.
- Contract limitations: The Sheriff’s Office cannot exempt itself from public records law simply by contract with ICE.
- Broader implications: Facilities holding federal detainees cannot use federal agreements as a blanket defense against state discovery or FOIA requests.
If you represent a detainee in Massachusetts or need to investigate detention conditions, this removes one procedural barrier to obtaining records about care and custody.
Way forward
- File records requests: Request detainee health and medical records from Plymouth County Correctional Facility under Massachusetts public records law, citing this order.
- Litigate beyond Plymouth: If other Massachusetts sheriffs deny similar records requests, cite this precedent to challenge federal preemption arguments.
- Document conditions: Use the newly available records to support arguments about detention conditions in removal defense, bond hearings, or administrative appeals.
- Notify detainees and counsel: Alert clients and court-appointed representatives that health and care records for ICE detainees may now be discoverable through state-law channels.
Disclaimer
This article is prepared by a software company, not a law firm, and does not constitute legal advice. Government policy and court decisions can change without notice. Verify this information against the primary source linked above and consult a licensed immigration attorney for advice on your specific case or filing strategy.