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S 1272

Relates to instruction in financial management

2025 Regular Session Introduced by Joe Addabbo and 3 co-sponsors

Allows Massachusetts law enforcement to detain a person up to 12 hours on an ICE request, with an ex parte probable-cause review, before release if no probable cause is found.

REFERRED TO EDUCATION
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WeVote Research Nonpartisan
Bill Summary · S 1272

Summary — S.1272: "An Act relative to public safety, fiscal responsibility, and emergency assistance"

Status: Introduced (Senate) — Referred to Committee (variously listed as Education and Judiciary in docket entries). Introduced April 3, 2025. (Bill text file stamped Senate No. 1272; sponsored by Sen. Bruce E. Tarr.)

This bill would: (1) authorize certain Massachusetts law‑enforcement personnel to temporarily hold persons in custody at U.S. Immigration and Customs Enforcement (ICE) request under defined conditions; (2) require competitive bidding for funds used in the Emergency Housing Assistance Program; and (3) narrow eligibility for that emergency housing program to U.S. citizens and certain long‑term lawful immigrants, with documentary proof requirements.

Key provisions and changes

  1. New Section 20S to Chapter 276 — Detention on ICE request
  2. Permits Commonwealth employees (municipal police, court officers, state troopers, sheriffs/deputies or similarly empowered personnel) who lawfully hold a person in custody to detain that person further when they receive:
    • a written ICE request to detain the person (asserting probable cause that the person is removable), and
    • an administrative warrant for arrest or removal/deportation.
  3. Preconditions:
    • A supervisory officer (designated under an agency policy) must first determine there are “specific facts indicating that the person … poses a threat to public safety.”
    • The detained person must be given a copy of the ICE written request.
  4. Time limits and judicial review:
    • Detention may not exceed 12 hours after the person would otherwise be released, unless a judicial officer makes a probable‑cause determination authorizing continued detention.
    • The judicial probable‑cause determination is an ex parte proceeding; the detaining agency presents information under oath. The detained person has no right to appear in that proceeding.
    • If the judicial officer finds no probable cause the person is a removable alien, the person must be released immediately. Filings are placed in the District Court and made public (separate from criminal case records).
  5. Definition of “specific facts indicating a threat to public safety” includes, at minimum, convictions or allegations involving terrorism/espionage, gang participation, felony convictions (excluding those where immigration status is an essential element), aggravated felonies, domestic violence, sexual abuse/exploitation, trafficking, burglary, unlawful firearm possession/use, drug distribution/trafficking, repeat DUI, or any offense that resulted in a custodial sentence of 180 days or more.

  6. Clarifies the section does not create a private right of action and does not make otherwise‑lawful arrests unlawful.

  7. Competitive bidding for emergency housing assistance funds

  8. Requires funds expended to provide services through or related to the Emergency Housing Assistance Program to be awarded via a competitive bidding process.

  9. Eligibility and documentation for Emergency Housing Assistance (amendment to Chapter 23B, §30)

  10. Limits program eligibility to:

    • U.S. citizens, and
    • Lawfully present immigrants who have maintained continuous legal residency in Massachusetts for the 12 months immediately prior to application.

  11. Sets documentary proof requirements (text begins specifying two forms, both issued at least 12 months before application): examples listed include U.S. passport with MA address, certified birth certificate with MA residency proof, certificate of naturalization/citizenship, or a Green Card issued at least one year prior. (Portions of the proof and residency documentation language are truncated in the provided text.)

Who would be affected
- Individuals in custody who are noncitizens (potentially subject to extended detention for ICE transfer).
- State and local law‑enforcement agencies and their supervisory structures (must adopt policies designating who may authorize ICE‑requested detentions).
- Massachusetts courts — judges asked to perform ex parte probable‑cause determinations within a 12‑hour window.
- Agencies and contractors providing emergency housing assistance (will be subject to competitive procurement).
- Immigrants and households seeking emergency housing assistance — eligibility would be narrowed based on citizenship/residency standards and documentary proof.

Procedural and timeline notes
- Bill was introduced in early 2025 and referred to committee (docket shows referrals to Education and The Judiciary; hearing dates and committee assignments in the docket appear inconsistent). A portion of the bill text is truncated in the supplied materials, and some accompanying metadata appears to include unrelated or inconsistent items (other states’ statutory text and a list of federal sponsors)—those elements should be treated as extraneous to the Massachusetts measure above.
- If advanced, implementation would require agencies to promulgate policies (Section 20S(c)) and courts to establish procedures for the ex parte probable‑cause review.

Limitations / caveats
- The provided bill text is partially truncated (documentation requirements for continuous residency are incomplete).
- Some docket metadata and sponsor lists in the source appear inconsistent or unrelated to this Massachusetts bill; the summary above is based on the Massachusetts bill text excerpts included.

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

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