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S 1776

Authorizes early voting sites to be placed at at least one city in a county, or if there is no city in such county, the county seat

2025 Regular Session Introduced by Mark Walczyk

Authorizes state/local law enforcement to detain a person for up to 12 hours at ICE’s request to transfer custody, with limited ex parte judicial review for longer detention.

REFERRED TO ELECTIONS
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WeVote Research Nonpartisan
Bill Summary · S 1776

Summary — S.1776 (Massachusetts) — "An Act empowering law enforcement to cooperate with the United States to transfer custody of convicted criminals"

Note: materials provided included multiple, conflicting texts (a New Jersey landlord-registration draft and an unrelated “early voting” title). This summary focuses on the Massachusetts Senate Docket No. 726 / Senate No. 1776 text (filed 1/14/2025) that would add Section 20S to Chapter 276 of the General Laws.

Purpose

To authorize Massachusetts law‑enforcement employees (municipal police, state troopers, court officers, sheriffs/deputies, etc.) who have lawful custody of a person to detain that person for a limited period at the request of U.S. Immigration and Customs Enforcement (ICE) in order to transfer custody to ICE — subject to specified criteria, agency policies, time limits, and judicial review.

Key provisions

  • Permitted detention on federal request:

    • A law‑enforcement employee with custody may detain a person upon receipt of (1) a written request from ICE asserting probable cause that the person is a removable alien and (2) an administrative warrant for arrest or warrant of removal/deportation.
    • The detainee must be given a copy of the ICE written request.

  • Safety threshold and supervisory review:

    • Before detaining, a supervisory officer (designated under the agency policy) must determine there are “specific facts indicating that the person … poses a threat to public safety.”
    • “Specific facts” are defined minimally to include any of:
    • Terrorism/espionage/national security danger;
    • Conviction for participation in a criminal street gang (per 18 U.S.C. §521(a));
    • Conviction for a felony (unless the offense’s element was immigration status);
    • Conviction for an “aggravated felony” (8 U.S.C. §1101(a)(43));
    • Conviction for listed violent, sexual, trafficking, burglary, firearm, drug distribution offenses; second/subsequent DUI; or any offense resulting in a custodial sentence of 180 days or more.

  • Time limits and judicial review:

    • Detention without a judicial probable‑cause determination may not exceed 12 hours.
    • To detain beyond 12 hours, an appropriate judicial officer must promptly make and reduce to writing a probable‑cause determination in an ex parte proceeding. The detaining agency presents information under oath; the detained person has no right to appear or to counsel in that proceeding.
    • The agency must present information to the judicial officer as soon as reasonably possible and no later than 12 hours after detention begins.

  • Agency policies:

    • Any Commonwealth agency, instrumentality, or political subdivision that permits this authority must promulgate a written policy identifying which supervisory officers may make the mandatory pre‑detention determination and the criteria they will use.

  • Recordkeeping and transparency:

    • Judicial determinations and submitted materials must be filed in the District Court of the detention location, filed separately from criminal case records, and open for public inspection.

  • Legal effect:

    • The section does not create a private right of action and does not render unlawful any arrest that would otherwise be lawful.

Who is affected

  • State and local law enforcement in Massachusetts if they adopt the authority (municipal police, state police, sheriffs, court officers).
  • ICE (federal receiving agency).
  • Noncitizens in custody who ICE asserts are removable aliens.
  • Massachusetts courts (for the ex parte probable‑cause proceedings).
  • Local agencies that must draft implementing policies.

Procedural status & timeline (from provided record)

  • Filed/introduced: 1/14/2025 (Senate Docket No. 726 / Senate No. 1776)
  • Referred to: Public Safety and Homeland Security Committee (2/27/2025)
  • Hearing scheduled: 11/25/2025, 11:30 AM–5:00 PM (Gardner Auditorium)
  • (Other provided dates/committee references in the record are inconsistent; confirm current status with the Legislature.)

Potential impacts and considerations

  • Expands cooperation with federal immigration enforcement by authorizing state/local custody extensions up to 12 hours (and longer with judicial probable‑cause determination).
  • Raises civil‑liberties and due‑process questions because judicial review is ex parte, detainees cannot appear or be represented in that proceeding, and detentions may be based on federal immigration administrative warrants.
  • Requires local agencies to adopt internal policies specifying supervisory decision authority and criteria, which could produce variation across jurisdictions.
  • The bill explicitly disclaims a private right of action, limiting judicial remedies for detainees under this statute.

If you want, I can:
- Produce a side‑by‑side comparison with the current Massachusetts statutes governing custody/detention or existing ICE detainer practices;
- Draft suggested amendments that add procedural safeguards (e.g., counsel access, timed notice, adversarial probable‑cause hearings).

Compiled from official sources — confirm details with the bill’s official record.

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