Full text of RMV ‘restrict access’ memo sent to Massachusetts police chiefs

The following is the complete, unedited text of the memo sent statewide from the Massachusetts Department of Criminal Justice Information Services on access to RMV records:

Dear Chiefs, Agency Heads, and CJIS Reps:

Please be advised, pursuant to Chapter 81 of the Acts of 2022, the Work and Family Mobility Act (“WFMA”), and the Office of the Attorney General (“AGO”) Regulations 940 C.M.R. 37.04, the RMV is prohibited from providing access to records or information provided by or relating to an applicant for the holder of a Massachusetts license under G.L. c. 90, §§ 1, 8, and 8B, including personally identifying information and communications between the applicant and the Registrar of motor vehicles, unless required by federal law or where such access is authorized by regulations promulgated by the AGO.

In accordance with the WFMA and AGO Regulations, CJIS users with access to RMV data through either CJIS or NLETS systems shall neither access nor disseminate RMV data, except in accordance with said statutes and regulations. Accordingly, CJIS users may only access and disseminate RMV data to investigate alleged crimes and not to enforce civil immigration laws of 8 U.S.C. §§ 1325 and 1326.

In accordance with the WFMA and AGO Regulations, unless provided with a lawful court order or judicial warrant signed by a judge appointed pursuant to Article III of the United States Constitution, a federal grand jury or trial subpoena, or as otherwise required by federal law, CJIS user must restrict the access to, and dissemination of, the following:

a. Use or disclosure of RMV records or information to any agency that primarily enforces immigration law or to any employee or agent or any such agency. Agencies that primarily enforce immigration law include, but are not limited to, the United States Immigration and Customs Enforcement agency, the United States Customs and Border Protection, and any successor agencies having similar duties.

Thank you for your attention to this important matter.

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