(This report has been edited to correct the spelling of Jessica Kenny’s name.)
A civil liberties group asked a Suffolk County judge on Tuesday to force Plymouth County Sheriff to turn over records detailing the medical treatment of federal immigration detainees at the jail.
Sheriff Joseph McDonald has so far rejected a December public records request filed by the American Civil Liberties Union (ACLU) on grounds his contract to house federal detainees of the U.S. Immigration and Customs Enforcement exempts those detainees from state disclosure laws.
“We must comply with federal law,” McDonald said in an emailed statement. “Federal regulations prevent us from sharing federal public records, including not just the individual’s name but the entire record. We protect the lawful privacy of individuals in our custody.”
ACLU of Massachusetts attorney Dan McFadden argued before Suffolk County Superior Court Judge James Budreau the Sheriff’s Office cannot simply sign a contract with the federal government and then exempt itself from the law.
“They’re not permitted to take direction from the federal government that would violate the law of Massachusetts,” McFadden told reporters after the Tuesday hearing at which both sides argued their case. No final decision was made.
The Plymouth County Correctional Facility is the only jail in Massachusetts to house ICE civil immigration detainees. Under a contract with ICE, as of Tuesday it housed 508 men as they await possible deportation, according to a spokesperson for Sheriff McDonald.
The ACLU filed suit to get the detainees’ health care information after concerns arose nationwide about the quality of health care given to ICE detainees.
More than 50 people have died in ICE custody around the country since January 2025, according to a report from Physicians for Social Responsibility. An investigation by the staff of U.S. Senator Jon Ossoff, D-Ga., found at least 85 instances of medical neglect in immigration detention facilities between January and August 2025.
In December, the ACLU sent a public records request to the Plymouth County Sheriff asking for information about health care for ICE detainees, specifying all documents produced be redacted to protect patient privacy.
Plymouth County Sheriff’s Office attorney Jessica Kenny asked Budreau to dismiss the ACLU case.
“There is no bad faith here on the part of the Sheriff’s Department,” Kenny said, arguing how federal regulations prohibit the Sheriff from sharing any documents about the healthcare provided to ICE detainees.
“Providing records could be a violation of the law,” she argued. “This is not an instance where the Sheriff is attempting to hide or not provide information. This is an instance where the Sheriff is in a position where he has a state law that asks him to do one thing and a federal law—”
“You need me to tell you what to do,” Budreau interjected.
“Exactly,” Kenny replied. “There will be no opposition from the Sheriff.”
Budreau did not indicate how quickly he would issue a decision.
Fred Thys can be reached at fred@plymouthindependent.org