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S 1681

Relates to imposing a specific tax on all corporate stock buybacks of issued shares

2025 Regular Session Introduced by Pat Fahy and 1 co-sponsor

Massachusetts law prohibits most police from questioning or sharing immigration status, requires written informed consent before DHS interviews, and expands public record transpare

REFERRED TO BUDGET AND REVENUE
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Bill Summary · S 1681

Summary — S.1681 ("Safe Communities Act")

Note on inconsistent metadata: The packet you provided lists an initial title about a tax on corporate stock buybacks, but the full bill text supplied is a Massachusetts state bill titled the “Safe Communities Act” that amends Chapter 147 (law enforcement). This summary is based on the actual bill text provided (public‑safety / immigration‑enforcement restrictions).

Purpose

The bill, titled the “Safe Communities Act,” aims to limit the role of Massachusetts state and local law enforcement in federal immigration enforcement. It establishes procedural protections for people in custody, restricts questions about immigration status, regulates communication with federal immigration authorities (DHS/ICE), and creates documentation and transparency requirements.

Key provisions

  • Establishes Section 63 in Chapter 147 (“Updates to Law Enforcement Procedures”) with definitions for “law enforcement agency,” “immigration enforcement,” and “DHS.”
  • Prohibits law enforcement officers/employees from questioning persons (including crime victims and witnesses) about immigration status unless state or federal law requires it. Judges/magistrates retain authority to ask what is necessary to adjudicate matters.
  • Requires informed written consent before DHS agents (or law enforcement acting for immigration enforcement) may interview a person in custody. The consent form must:
    • Explain the interview is for immigration enforcement/deportation;
    • State that information given can be used against the person;
    • Inform the person they may decline to sign documents or decline the interview or request an attorney (at their expense);
    • Provide indication whether an attorney was present.
  • Consent forms must be available in English and other commonly spoken languages; agencies must make best efforts to provide translations and oral interpretation. The Attorney General’s office will prepare the form and may work with nonprofits on translations.
  • Records of these consent forms and related information are public records, except that personally identifying details (names, addresses, phone numbers, etc.) are excluded from public disclosure.
  • Exception: Subsections restricting questioning and consent do not apply to persons held under an Inter‑Governmental Service Agreement (IGSA) with DHS. However, persons booked under such agreements must be advised (at booking) of rights to seek immigration counsel, to decline interviews, and to refuse signing documents.
  • Prohibits officials from initiating communication to DHS about a person’s imminent release from custody (except release at end of sentence), while preserving the ability to exchange citizenship/immigration status information between government agencies.
  • Bill text is truncated after starting to address DHS requests for notification (e.g., Form I‑247A); that portion is not fully available in the provided text.

Who is affected

  • Massachusetts state and local law enforcement agencies (police, sheriffs, correctional facilities, probation, prosecutors, courts).
  • People in custody (detainees), witnesses and victims questioned by law enforcement.
  • DHS/ICE and their agents when interacting with Massachusetts custody facilities.
  • The Attorney General’s office (tasked with preparing the consent form).
  • Community organizations and legal service providers who may assist with translations or legal representation.

Procedural status & timeline (as provided)

  • Filed (Senate docket): 1/16/2025. Presented by Senator James B. Eldridge with many co‑petitions.
  • Referred to Committee on Public Safety and Homeland Security (2/27/2025).
  • Later listings show referral to Budget and Revenue, placement on Senate Legislative Calendar under General Orders (Calendar No. 214), and a scheduled hearing on 11/25/2025 (11:30 AM – 5:00 PM, Gardner Auditorium).
  • (Some legislative action entries in the packet appear inconsistent or duplicative.)

Potential impacts and considerations

  • Limits local cooperation with federal immigration enforcement and could reduce ICE access to persons in state/local custody unless consent is given or IGSA conditions apply.
  • May increase procedural work for custody facilities (consent forms, translation, recordkeeping) and require AG guidance and coordination with nonprofits.
  • Could affect public safety, immigration enforcement outcomes, and intergovernmental information sharing; courts or federal authorities might raise federal‑preemption issues in legal challenges.
  • Fiscal impacts (training, translation, record management) are not quantified in the provided text.

Notes

  • The provided packet contains mixed metadata (a different bill title, federal committee actions, and out‑of‑state sponsor names). This summary strictly reflects the Massachusetts bill text titled “Safe Communities Act” (S.1681) as supplied. The final section of the bill text is truncated; any provisions after the partial discussion of DHS notification requests were not available for review.

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

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