HOUSE REPUBLICAN STAFF ANALYSIS

Transcription

1 HOUSE REPUBLICAN STAFF ANALYSIS Bill: Senate File 481 Committee: Public Safety Floor Manager: Rep. Holt Date: April 3, 2018 Staff: Amanda Wille (1-5230) House Committee: House Floor: Senate Floor: Governor: PASSED on March 6 (11-10) PASSED on April 12, 17 (32-15) Enforcement of Immigration Laws SF 481 prohibits local entities from refusing to comply with a written federal detainer request for a person in their custody, who is in the country illegally. A local entity who enacts a policy of noncompliance shall lose state funding. Fiscal Note It is not possible to determine a total fiscal impact for SF 481. LSA does point out that if Area Education Agencies are considered local entities under the bill, and they lose funding, there could be an impact on property tax. That impact cannot be fully determined. Section by Section Analysis Section 1 Definition (New Section) Immigration detainer request- a federal government request to a local entity to maintain temporary custody of an alien. It includes verbal and written requests. Immigration law- laws of this state or federal law relating to aliens, immigrants, or immigration. Lawful detention- detention of a person by a local entity for the investigation of a public offense. A person cannot lawfully be detained if the sole reason for detention is that the person is a victim, or a witness to a public offense, or is reporting a public offense. Local entity-governing body of a city or county. Includes an officer or employee of a local entity or other body that is party of the local entity including a sheriff, police department, city attorney, or county attorney. Policy- include a formal, written rule, policy, procedure, regulation, order, ordinance, motion, resolution or amendment, an informal, unwritten policy. Public Offense - does not include a moving traffic violation under 321 1

2 Section 2 Law Enforcement Agency Duties- Immigration Detainer Requests (New Section) A law enforcement agency that has custody of a person subject to an immigration detainer request shall fully comply with any instructions made in the request and in other legal documents provided by the federal agency. Section 3- Completion of Sentence in Federal Custody (New Section) 1. If a defendant, who is subject to an immigration detainer request, is sentenced to jail or prison time, the court shall order the correctional facility to transfer the defendant to federal custody no more than 7 days before their sentence ends, if the transfer will facilitate a seamless transfer into federal custody. 2. Without an order a facility or officer acting under exigent circumstances may perform a transfer after determining that the transfer will facilitate the seamless transfer of the defendant into federal custody. 3. A defendant shall be transferred only if appropriate federal officers consent to the transfer into federal custody. Section 4- Restriction on Enforcement of Immigration Law Prohibited (New Section) 1. A local entity shall not adopt or enforce a policy that prohibits or discourages the enforcement of immigration laws. 2. A local entity shall not prohibit or discourage a person who is a law enforcement officer, corrections officer, county attorney, city attorney, or other official employed by the local entity from doing any of the following: a. Inquiring about the immigration status of a person under lawful detention or arrest. b. Doing any of the following with respect to information relating to the immigration status, of any person under a lawful detention or arrest including information regarding the person s place of birth: 1) Sending or receiving information from relevant federal agencies 2) Maintaining the Information 3) Exchanging the information with other local entities or federal or state governmental entities. c. Assisting with a federal immigration officer as reasonable or necessary d. Permitting a federal immigration officer to enter and conduct enforcement activities at a jail or other detention facility to enforce a federal immigration law. Section 5- Written Policies (New Section) By January 1, 2018, each state of local law enforcement agency shall formalize in writing any policies relating to the enforcement of immigration laws and update polices to be consistent with this chapter. Section 6- Discrimination Prohibited (New Section) A local entity or its employees shall not consider race, skin color, language spoken, or national origin while enforcing immigration laws except to the extent permitted by the Constitution. Section 7- Victim of Or Witness to A Crime- Limitation on Collection of Information (New Section) A local entity or its employees shall not ask for the national origin of a person who is a crime victim, a witness or someone reporting a crime, unless it is pertinent to the investigation. Section 8- Complaints-Notification-Civil Action (New Section) 1. Any person may file a complaint with the Attorney General or a County Attorney alleging a local entity has violated this chapter if evidence is offered to support the allegation. 2

3 2. A local entity shall comply with any document requests from the Attorney General or County Attorney relating to the complaint. 3. A complaint filed is not valid unless the Attorney General or County Attorney determines a violation was intentional. 4. If the Attorney General or County Attorney determines a complaint is valid, written notice shall be given to the local entity within 10 days detailing the following: a. A complaint has been filed and the grounds for the complaint. b. The complaint is valid c. The Attorney General or County Attorney is authorized to file a civil action in district court to enjoin a violation of this chapter no later than 40 days from when notification was received if the local entity does not come into compliance with the requirements. d. The local entity, and those under its jurisdiction, will be denied state funds under for the next fiscal year once final judicial determination in a civil action is made. 5. Within 30 days from receiving notice, a local entity shall provide the following: a. Copies of all the local entity s written policies relating to immigration enforcement action. b. A copy of each immigration detainer request received by the local entity. c. A copy of each response sent by the local entity to an immigration detainer request. d. A description of all actions the local entity has taken or will take to correct any violations of law. e. Any evidence that would refute the allegations made in the complaint. 6. The Attorney General or County Attorney shall file a civil action in district court to enjoin any ongoing violations within 40 days. Section 9- Denial of State Funds (New Section) Notwithstanding any other provision of law to the contrary, a local entity shall be ineligible to receive any state funds if it intentionally violates this chapter. State funds shall be denied for each fiscal year after final judgement is issued, until eligibility is reinstated under Funds for wearable body protective gear used for law enforcement purposes shall not be denied. Section 10- Reinstatement of Eligibility to Receive State Funds (New Section) 1. A local entity who has lost money due to a violation of this code may petition the court, no earlier than 12 months after final judicial determination, to seek declaratory judgement that the local entity is in full compliance with this chapter. 2. A local entity that petitions the court shall comply with document requests. 3. If the court determines the local entity is in full compliance, the local entity will be eligible to receive funds on the first day of the month following the declaratory judgement. 4. A local entity shall not petition the court more than twice in one 12 month period. 5. A local entity may petition the court before the 12 month time limit if the person who was the director or other chief officer of the local entity, at the time of the violation, leaves or is removed from office. 3

4 Section 11- Attorney General Database (New Section) The Attorney General shall develop and maintain a database listing each local entity where a final judicial determination has been made. This shall be posted on the Attorney General s website. Section 12- Applicability This act applies to the release of a person from custody in this state on or after the effective date. Section 13- Implementation of Act Local entities must comply, even without additional state funding. Amendment Analysis H-8202 by Public Safety Requires that an immigration detainer request be in writing. In Section 8, this amendment strikes the County Attorneys from taking and prosecuting complaints under the code. The Attorney General will now be solely responsible for complaints and further judicial action. H-8319 to H Holt Conforming date changes H-8240 to H Breckenridge Strike after to amendment and strike after to the bill Section 1- Immigration Enforcement Workgroup and Report Creates an immigration enforcement workgroup to make recommendations regarding the enforcement of immigration laws in this state. The recommendations shall address: a. Ensuring public safety of all Iowa communities b. Enforcing immigration laws in this state consistent with the Constitution and all applicable federal and state laws c. Identifying opportunities to educate communities in order to balance the goals of complying with immigration laws and ensuring that the rights of all immigrants who reside in this state are respected. The workgroup shall consist of the following voting members: Department of Public Safety, Attorney General, Iowa County Attorney s, Iowa State Police Association, Iowa Police Chief s Association, Iowa State Sheriff s and Deputies Association, Criminal and Juvenile Justice Planning, Non-voting members: 4 members of the legislature The workgroup shall submit a report to the Governor and the General Assembly by January 4, Effective upon enactment. H Holt Allows a local entity to apply for reinstatement of funds 90 days after they have been removed. The bill required local entity to wait one year. 4

5 H Isenhart Local Enforcement of Federal Immigration Law A county, city or agency shall only enforce federal immigration law, if all the following apply: -A federal agency has agreed to fully reimburse for any expenditures. Including legal cost incurred through enforcement of federal immigration laws. -A federal agency has agreed to defend a county or city in the event of legal action taken as a result of enforcing federal immigration laws. The federal government will also fully indemnify the county or city for any liability imposed through legal action. This does not apply to an action by a county, city or agent if they are complying with a court order or federal arrest warrant. A county or city may submit a reimbursement claim to DOM. DOM shall adopt rules relating to the reimbursement of funds. 5