H.F. 2114 Section 1. NEW SECTION . 80.41 Unlawful alien enforcement 1 fund. 2 1. An unlawful alien enforcement fund is created in the 3 state treasury under the control of the department, subject to 4 appropriation by the general assembly. The fund shall consist 5 of civil penalties collected and deposited into the fund under 6 section 823.7 and moneys appropriated by the general assembly 7 to the fund. Moneys in the fund shall be used by the department 8 for enforcement of laws relating to unlawful aliens and for 9 incarceration costs for unlawful aliens. 10 2. Notwithstanding section 12C.7, subsection 2, interest or 11 earnings on moneys credited to the unlawful alien enforcement 12 fund shall be credited to the unlawful alien enforcement fund. 13 Notwithstanding section 8.33, moneys credited to the unlawful 14 alien enforcement fund at the end of a fiscal year shall not 15 revert to any other fund but shall remain in the fund for 16 purposes of the fund. 17 Sec. 2. NEW SECTION . 93.1 Definitions. 18 As used in this chapter, unless the context otherwise 19 requires: 20 1. “Agency” means an agency, department, board, or 21 commission of this state or a political subdivision that issues 22 a license for purposes of operating a business in this state. 23 2. “Economic development incentive” means a grant, loan, or 24 performance-based incentive awarded by a government entity of 25 this state. “Economic development incentive” does not include a 26 tax credit or tax incentive program. 27 3. “Employ” means hiring or continuing to employ an 28 individual to perform services. 29 4. “Employee” means an individual who provides services 30 or labor for an employer in this state for wages or other 31 remuneration. “Employee” does not include an independent 32 contractor. 33 5. “Employer” means a person that transacts business in 34 this state, that has a license issued by an agency in this 35 -1- LSB 5180YH (5) 86 je/rj 1/ 18

H.F. 2114 state, and that employs one or more employees in this state. 1 “Employer” includes this state, a political subdivision of 2 this state, and a self-employed individual. In the case of 3 an independent contractor, “employer” means the independent 4 contractor and does not mean the person or organization that 5 uses the contract labor. 6 6. “E-verify program” means the employment eligibility 7 verification program as jointly administered by the United 8 States department of homeland security and the United States 9 social security administration or any successor program. 10 7. “Government entity” means this state or a political 11 subdivision of this state that receives and uses tax revenues. 12 8. “Independent contractor” means a person that carries on 13 an independent business, that contracts to do a piece of work 14 according to the person’s own means and methods and that is 15 subject to control only as to results. Whether a person is an 16 independent contractor is determined on a case-by-case basis 17 through various factors, including whether the person does any 18 of the following: 19 a. Supplies tools or materials. 20 b. Makes services available to the general public. 21 c. Works or may work for a number of clients at the same 22 time. 23 d. Has an opportunity for profit or loss as a result of 24 labor or service provided. 25 e. Invests in the facilities for work. 26 f. Directs the order or sequence in which the work is 27 completed. 28 g. Determines the hours when the work is completed. 29 9. “Knowingly employ an unauthorized alien” means the 30 actions described in 8 U.S.C. §1324a, and shall be interpreted 31 consistently with 8 U.S.C. §1324a and any applicable federal 32 regulations. 33 10. “License” means an agency permit, certificate, approval, 34 registration, charter, or similar form of authorization, other 35 -2- LSB 5180YH (5) 86 je/rj 2/ 18

H.F. 2114 than a professional license, that is required by law and that 1 is issued by an agency for the purposes of operating a business 2 in this state, including by a foreign corporation. 3 11. “Social security number verification service” means 4 the program administered by the United States social security 5 administration or any successor program. 6 12. “Unauthorized alien” means an alien who does not have 7 the legal right or authorization under federal law to work in 8 the United States as described in 8 U.S.C. §1324a(h)(3). 9 Sec. 3. NEW SECTION . 93.2 Knowingly or intentionally 10 employing unauthorized aliens. 11 1. Knowingly or intentionally employing unauthorized aliens 12 prohibited. An employer shall not knowingly or intentionally 13 employ an unauthorized alien. If an employer uses a contract, 14 subcontract, or other independent contractor agreement to 15 obtain the labor of an alien in this state, and the employer 16 knowingly or intentionally contracts with an unauthorized 17 alien or with a person who employs or contracts with an 18 unauthorized alien to perform the labor, the employer violates 19 this subsection. 20 2. Complaints. 21 a. The attorney general shall prescribe a complaint form 22 for a person to allege a violation of subsection 1. The 23 complainant shall not be required to list the complainant’s 24 social security number on the complaint form or to have the 25 complaint form notarized. Complaints shall be submitted to the 26 attorney general or a county attorney. A complaint that is 27 submitted to a county attorney shall be submitted to the county 28 attorney in the county in which the alleged unauthorized alien 29 is or was employed by the employer. This subsection shall not 30 be construed to prohibit the filing of anonymous complaints 31 that are not submitted on a prescribed complaint form. 32 b. On receipt of a complaint on a prescribed complaint form 33 that an employer allegedly knowingly or intentionally employs 34 or employed an unauthorized alien, the attorney general or 35 -3- LSB 5180YH (5) 86 je/rj 3/ 18

H.F. 2114 county attorney shall investigate whether the employer has 1 violated subsection 1. If a complaint is received but is not 2 submitted on a prescribed complaint form, the attorney general 3 or county attorney may investigate whether the employer has 4 violated subsection 1. 5 c. The attorney general or county attorney shall not 6 investigate complaints that are based solely on race, color, 7 or national origin. The county sheriff or any other local law 8 enforcement agency may assist in investigating a complaint. 9 When investigating a complaint, the attorney general or county 10 attorney shall verify the work authorization of the alleged 11 unauthorized alien with the federal government pursuant to 8 12 U.S.C. §1373(c). A state, county, or local official shall not 13 attempt to independently make a final determination on whether 14 an alien is authorized to work in the United States. 15 d. A person who knowingly files a false and frivolous 16 complaint under this subsection is guilty of a simple 17 misdemeanor. 18 3. Required notifications. 19 a. If, after an investigation, the attorney general or 20 county attorney determines that the complaint is not false and 21 not frivolous, the attorney general or county attorney shall 22 notify the following entities of the unauthorized alien: 23 (1) The United States immigration and customs enforcement. 24 (2) The local law enforcement agency. 25 b. The attorney general shall notify the appropriate county 26 attorney to bring an action pursuant to subsection 4 if the 27 complaint was originally filed with the attorney general. 28 4. Court action required. An action for a violation of 29 subsection 1 shall be brought against the employer by the 30 county attorney in the district court of the county where the 31 unauthorized alien employee is or was employed by the employer. 32 The district court shall expedite the action, including 33 assigning a hearing at the earliest practicable date. 34 5. Court order —— first violation. On a finding of a first 35 -4- LSB 5180YH (5) 86 je/rj 4/ 18

H.F. 2114 violation as described in subsection 7, the court shall require 1 by order all of the following: 2 a. The employer shall terminate the employment of all 3 unauthorized aliens. 4 b. (1) For a knowing violation, the employer shall be 5 subject to a three-year probationary period for the business 6 location where the unauthorized alien performed work. 7 (2) For an intentional violation, the employer shall be 8 subject to a five-year probationary period for the business 9 location where the unauthorized alien performed work. 10 (3) During the probationary period, the employer shall file 11 quarterly reports on the form prescribed in section 252G.3 with 12 the county attorney for each new employee who is hired by the 13 employer at the business location where the unauthorized alien 14 performed work. 15 c. The employer shall file a signed sworn affidavit with 16 the county attorney within three business days after the order 17 is issued. The affidavit shall state that the employer has 18 terminated the employment of all unauthorized aliens in this 19 state and that the employer will not knowingly or intentionally 20 employ an unauthorized alien in this state. 21 (1) The court shall order the appropriate agencies to 22 suspend all licenses that are held by the employer if the 23 employer fails to file a signed sworn affidavit with the county 24 attorney within three business days after the order is issued. 25 All licenses that are suspended shall remain suspended until 26 the employer files a signed sworn affidavit with the county 27 attorney. Upon filing of the affidavit, the suspended licenses 28 shall be reinstated immediately by the appropriate agencies. 29 (2) Licenses that are subject to suspension under this 30 paragraph “c” are all licenses that are held by the employer 31 specific to the business location where the unauthorized alien 32 performed work. If the employer does not hold a license 33 specific to the business location where the unauthorized alien 34 performed work, but a license is necessary to operate the 35 -5- LSB 5180YH (5) 86 je/rj 5/ 18

H.F. 2114 employer’s business in general, the licenses that are subject 1 to suspension under this paragraph “c” are all licenses that 2 are held by the employer at the employer’s primary place of 3 business. On receipt of the court’s order, the appropriate 4 agencies shall suspend the licenses according to the court’s 5 order. The court shall send a copy of the court’s order to the 6 attorney general and the attorney general shall maintain the 7 copy pursuant to subsection 8. 8 (3) For a knowing violation, the court may order the 9 appropriate agencies to suspend all licenses described in this 10 paragraph “c” that are held by the employer for not more than 11 ten business days. For an intentional violation, the court 12 shall order the appropriate agencies to suspend all licenses 13 described in this paragraph “c” that are held by the employer 14 for a minimum of ten business days. The court shall base its 15 decision to suspend under this subparagraph on any evidence or 16 information submitted to it during the action for a violation 17 of subsection 1 and shall consider the following factors, if 18 relevant: 19 (a) The number of unauthorized aliens employed by the 20 employer. 21 (b) Any prior misconduct by the employer. 22 (c) The degree of harm resulting from the violation. 23 (d) Whether the employer made good-faith efforts to comply 24 with any applicable requirements. 25 (e) The duration of the violation. 26 (f) The role of the directors, officers, or principals of 27 the employer in the violation. 28 (g) Any other factors the court deems appropriate. 29 6. Court order —— second violation. For a second violation, 30 as described in subsection 7, the court shall order the 31 appropriate agencies to permanently revoke all licenses that 32 are held by the employer specific to the business location 33 where the unauthorized alien performed work. If the employer 34 does not hold a license specific to the business location 35 -6- LSB 5180YH (5) 86 je/rj 6/ 18

H.F. 2114 where the unauthorized alien performed work, but a license 1 is necessary to operate the employer’s business in general, 2 the court shall order the appropriate agencies to permanently 3 revoke all licenses that are held by the employer at the 4 employer’s primary place of business. On receipt of the order, 5 the appropriate agencies shall immediately revoke the licenses. 6 7. Violations defined. 7 a. The violation shall be considered a first violation by 8 an employer at a business location if the violation did not 9 occur during a probationary period ordered by the court under 10 subsection 5, paragraph “b” , for that employer’s business 11 location. 12 b. The violation shall be considered a second violation by 13 an employer at a business location if the violation occurred 14 during a probationary period ordered by the court under 15 subsection 5, paragraph “b” , for that employer’s business 16 location. 17 8. Attorney general database. The attorney general shall 18 maintain copies of court orders that are received pursuant to 19 subsection 5, paragraph “c” , and shall maintain a database 20 of the employers and business locations that have a first 21 violation of subsection 1 and make the court orders available 22 on the attorney general’s internet site. 23 9. Federal determination governs. In determining whether 24 an employee is an unauthorized alien, the court shall consider 25 only the federal government’s determination contained in 26 its response to an inquiry pursuant to 8 U.S.C. §1373(c). 27 The federal government’s determination creates a rebuttable 28 presumption of the employee’s lawful status. The court may 29 take judicial notice of the federal government’s determination 30 and may request the federal government to provide automated or 31 testimonial verification pursuant to 8 U.S.C. §1373(c). 32 10. E-verify rebuttable presumption. For the purposes of 33 this section, proof of verifying the employment authorization 34 of an employee through the e-verify program creates a 35 -7- LSB 5180YH (5) 86 je/rj 7/ 18

H.F. 2114 rebuttable presumption that an employer did not knowingly or 1 intentionally employ an unauthorized alien. 2 11. Good-faith compliance. For the purposes of this 3 section, an employer that establishes that it has complied 4 in good faith with the requirements of 8 U.S.C. §1324a(b) 5 establishes an affirmative defense that the employer did not 6 knowingly or intentionally employ an unauthorized alien. An 7 employer is considered to have complied with the requirements 8 of 8 U.S.C. §1324a(b), notwithstanding an isolated, sporadic, 9 or accidental technical or procedural failure to meet the 10 requirements, if there is a good-faith attempt to comply with 11 the requirements. 12 12. Entrapment as affirmative defense. 13 a. It is an affirmative defense to a violation of subsection 14 1 that the employer was entrapped. To claim entrapment, the 15 employer must admit by the employer’s testimony or other 16 evidence the substantial elements of the violation. An 17 employer who asserts an entrapment defense has the burden 18 of proving all of the following by a preponderance of the 19 evidence: 20 (1) The idea of committing the violation started with law 21 enforcement officers or their agents rather than with the 22 employer. 23 (2) The law enforcement officers or their agents urged and 24 induced the employer to commit the violation. 25 (3) The employer was not predisposed to commit the violation 26 before the law enforcement officers or their agents urged and 27 induced the employer to commit the violation. 28 b. An employer does not establish entrapment if the employer 29 was predisposed to violate subsection 1 and the law enforcement 30 officers or their agents merely provided the employer with an 31 opportunity to commit the violation. It is not entrapment for 32 law enforcement officers or their agents merely to use a ruse 33 or to conceal their identity. The conduct of law enforcement 34 officers and their agents may be considered in determining if 35 -8- LSB 5180YH (5) 86 je/rj 8/ 18

H.F. 2114 an employer has proven entrapment. 1 Sec. 4. NEW SECTION . 93.3 E-verify program —— employer 2 participation. 3 1. An employer, after hiring an employee, shall verify the 4 employment eligibility of the employee through the e-verify 5 program and shall keep a record of the verification for the 6 duration of the employee’s employment or at least three years, 7 whichever is longer. 8 2. In addition to any other requirement for an employer to 9 receive an economic development incentive from a government 10 entity, the employer shall register with and participate 11 in the e-verify program. Before receiving the economic 12 development incentive, the employer shall provide proof to the 13 government entity that the employer is registered with and 14 is participating in the e-verify program. If the government 15 entity determines that the employer is not complying with this 16 subsection, the government entity shall notify the employer 17 by certified mail of the government entity’s determination 18 of noncompliance and the employer’s right to appeal the 19 determination. On a final determination of noncompliance, 20 the employer shall repay all moneys received as an economic 21 development incentive to the government entity within thirty 22 days of the final determination. 23 3. Every three months, the attorney general shall request 24 from the United States department of homeland security a list 25 of employers from this state that are registered with the 26 e-verify program. On receipt of the list of employers, the 27 attorney general shall make the list available on the attorney 28 general’s internet site. 29 Sec. 5. NEW SECTION . 321.518 Unlawful aliens —— vehicle 30 immobilization or impoundment. 31 1. For purposes of this section: 32 a. “Immobilization” means the installation of a device in 33 a motor vehicle that completely prevents a motor vehicle from 34 being operated, or the installation of an ignition interlock 35 -9- LSB 5180YH (5) 86 je/rj 9/ 18

H.F. 2114 device of a type approved by the commissioner of public safety. 1 b. “Impoundment” means the process of seizure and 2 confinement within an enclosed area of a motor vehicle, for the 3 purpose of restricting access to the vehicle. 4 2. A peace officer shall cause the removal and either 5 immobilization or impoundment of a vehicle if the peace officer 6 determines that a person is driving the vehicle while any of 7 the following applies: 8 a. In furtherance of the illegal presence of an alien in 9 the United States and in violation of a criminal offense, the 10 person is transporting or moving or attempting to transport or 11 move an alien in this state in a vehicle if the person knows or 12 recklessly disregards the fact that the alien has come to, has 13 entered, or remains in the United States in violation of law. 14 b. The person is concealing, harboring, or shielding 15 or attempting to conceal, harbor, or shield from detection 16 an alien in this state in a vehicle if the person knows or 17 recklessly disregards the fact that the alien has come to, 18 entered, or remains in the United States in violation of law. 19 Sec. 6. NEW SECTION . 823.1 Interference with enforcement 20 prohibited. 21 An official or agency of this state or a political 22 subdivision of this state shall not limit or restrict the 23 enforcement of federal immigration laws to less than the full 24 extent permitted by federal law. 25 Sec. 7. NEW SECTION . 823.2 Determination of immigration 26 status. 27 For a lawful contact made by a law enforcement official or 28 a law enforcement agency of this state or a law enforcement 29 official or a law enforcement agency of a political subdivision 30 of this state where reasonable suspicion exists that a person 31 is an alien who is unlawfully present in the United States, 32 a reasonable attempt shall be made, when practicable, to 33 determine the immigration status of the person, except if the 34 determination may hinder or obstruct an investigation. A law 35 -10- LSB 5180YH (5) 86 je/rj 10/ 18

H.F. 2114 enforcement official or agency of this state or a political 1 subdivision of this state shall not solely consider race, 2 color, or national origin in implementing the requirements of 3 this section except to the extent permitted by the Constitution 4 of the United States or the Constitution of the State of Iowa. 5 A person is presumed to not be an alien who is unlawfully 6 present in the United States if the person provides to the law 7 enforcement officer or agency any of the following: 8 1. A valid Iowa driver’s license. 9 2. A valid Iowa nonoperator’s identification card. 10 3. A valid tribal enrollment card or other form of tribal 11 identification. 12 4. A valid United States, state, or local government-issued 13 identification if the government entity issuing the document 14 requires proof of legal presence in the United States before 15 issuance. 16 Sec. 8. NEW SECTION . 823.3 Notification of federal 17 authority. 18 If an alien who is unlawfully present in the United States is 19 convicted of a violation of state or local law, on discharge 20 from imprisonment or on the assessment of a monetary obligation 21 that is imposed, an official or agency of this state or a 22 political subdivision of this state shall immediately notify 23 the United States immigration and customs enforcement or the 24 United States customs and border protection. 25 Sec. 9. NEW SECTION . 823.4 Transportation of unlawful 26 aliens. 27 Notwithstanding any other provision of law, a law 28 enforcement agency may securely transport an alien for whom the 29 law enforcement agency has received verification that the alien 30 is unlawfully present in the United States and who is in the 31 law enforcement agency’s custody to a federal facility in this 32 state or to any other point of transfer into federal custody 33 that is outside the jurisdiction of the law enforcement agency. 34 A law enforcement agency shall obtain judicial authorization 35 -11- LSB 5180YH (5) 86 je/rj 11/ 18

H.F. 2114 before securely transporting an alien who is unlawfully present 1 in the United States to a point of transfer that is outside of 2 this state. 3 Sec. 10. NEW SECTION . 823.5 Use of information for official 4 purpose. 5 Except as provided in federal law, an official or agency 6 of this state or a political subdivision of this state 7 shall not be prohibited or in any way be restricted from 8 sending, receiving, or maintaining information relating to 9 the immigration status, lawful or unlawful, of a person or 10 exchanging that information with any other federal, state, or 11 local governmental entity for any of the following official 12 purposes: 13 1. Determining eligibility for a public benefit, service, 14 or license provided by the federal, this state, or a local or 15 other governmental subdivision of this state. 16 2. Verifying a claim of residence or domicile if 17 determination of residence or domicile is required under the 18 laws of this state or a judicial order issued pursuant to a 19 civil or criminal proceeding in this state. 20 3. If the person is an alien, determining whether the person 21 is in compliance with the federal registration laws prescribed 22 by 8 U.S.C. §1301-1306. 23 4. Communicating with a federal government entity pursuant 24 to 8 U.S.C. §1373 or 8 U.S.C. §1644. 25 Sec. 11. NEW SECTION . 823.6 Civil suit and penalty. 26 A person who is a legal resident of this state may bring an 27 action in district court to challenge an official or agency of 28 this state or a political subdivision of this state that adopts 29 or implements a policy or practice that limits or restricts 30 the enforcement of federal immigration laws to less than the 31 full extent permitted by federal law. If a judicial finding is 32 made that an entity has violated this chapter, the court shall 33 order that the entity pay a civil penalty of not less than 34 one thousand dollars and not more than five thousand dollars 35 -12- LSB 5180YH (5) 86 je/rj 12/ 18

H.F. 2114 for each day that the policy has remained in effect after the 1 filing of an action pursuant to this section. 2 Sec. 12. NEW SECTION . 823.7 Remittance of civil penalty. 3 A court shall collect the civil penalty prescribed in 4 section 823.6 and remit the civil penalty to the treasurer 5 of state for deposit in the unlawful alien enforcement fund 6 created in section 80.41. 7 Sec. 13. NEW SECTION . 823.8 Court costs and attorney fees. 8 The court may award court costs and reasonable attorney 9 fees to a person or an official or agency of this state or 10 a political subdivision of this state that prevails by an 11 adjudication on the merits in a proceeding brought pursuant to 12 section 823.6. 13 Sec. 14. NEW SECTION . 823.9 Indemnification. 14 A law enforcement officer shall be indemnified by the 15 officer’s agency against reasonable costs and expenses, 16 including attorney fees, incurred by the officer in connection 17 with an action, suit, or proceeding brought pursuant to this 18 chapter in which the officer may be a defendant by reason 19 of the officer being or having been a member of the law 20 enforcement agency, except in relation to matters in which the 21 officer is adjudged to have acted in bad faith. 22 Sec. 15. NEW SECTION . 823.10 Consistency with existing law. 23 This chapter shall be implemented and administered in a 24 manner consistent with federal laws regulating immigration, 25 protecting the civil rights of all persons, and respecting the 26 privileges and immunities of United States citizens. 27 Sec. 16. IMPLEMENTATION OF ACT. 28 1. This Act shall be implemented and administered in a 29 manner consistent with federal laws regulating immigration, 30 protecting the civil rights of all persons, and respecting the 31 privileges and immunities of United States citizens. 32 2. Section 25B.2, subsection 3, shall not apply to this Act. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -13- LSB 5180YH (5) 86 je/rj 13/ 18

H.F. 2114 the explanation’s substance by the members of the general assembly. 1 This bill relates to unlawful aliens and law enforcement in 2 Iowa. 3 UNLAWFUL ALIEN IMMIGRATION FUND. The bill creates an 4 unlawful alien enforcement fund in the state treasury under 5 the control of the department of public safety, subject to 6 appropriation by the general assembly. The bill provides 7 that the fund will consist of certain penalties, as well as 8 moneys appropriated by the general assembly. The bill requires 9 the moneys in the fund to be used for enforcement of laws 10 relating to unlawful aliens and for incarceration costs for 11 unlawful aliens. Interest or earnings on moneys credited 12 to the unlawful alien enforcement fund will be credited to 13 the unlawful alien enforcement fund. Moneys credited to the 14 unlawful alien enforcement fund at the end of a fiscal year 15 will not revert to any other fund but will remain in the 16 unlawful alien enforcement fund. 17 EMPLOYMENT OF UNAUTHORIZED ALIENS PROHIBITED. The bill 18 provides definitions relating to employment of unauthorized 19 aliens. The bill prohibits employers that transact business 20 in Iowa and that have a business license issued by an agency 21 in Iowa from knowingly or intentionally employing unauthorized 22 aliens. The bill directs the attorney general to prescribe a 23 complaint form for alleged violations of the prohibition. The 24 bill provides that complaints may be submitted to the attorney 25 general or the county attorney in the county in which the 26 alleged unauthorized alien is or was employed by the employer. 27 The bill directs the attorney general or county attorney to 28 investigate complaints, and to verify the work authorization 29 of an alleged unauthorized alien with the federal government. 30 The bill prohibits the attorney general or county attorney 31 from investigating complaints that are based solely on race, 32 color, or national origin. The bill allows a county sheriff 33 or other local law enforcement to assist in an investigation. 34 The bill provides that a person who knowingly files a false and 35 -14- LSB 5180YH (5) 86 je/rj 14/ 18

H.F. 2114 frivolous complaint is guilty of a simple misdemeanor, which is 1 punishable by confinement for no more than 30 days or a fine of 2 at least $65 but not more than $625 or by both. 3 The bill requires the attorney general or county attorney 4 to notify United States immigration and customs enforcement, 5 the local law enforcement agency, and, if the attorney general 6 is the one investigating, the county attorney, of a complaint 7 that is not false and not frivolous. The bill requires the 8 county attorney to bring an action in district court against an 9 employer for a violation in the county where the unauthorized 10 alien employee is or was employed by the employer. The bill 11 provides that such an action must be expedited by the court. 12 The bill provides that for a first violation, the court 13 must order the employer to terminate the employment of all 14 unauthorized aliens and to submit a signed sworn affidavit 15 to that effect or face suspension of business licenses by 16 appropriate agencies. The court will also order a three-year 17 probationary period for a knowing violation or a five-year 18 probationary period for an intentional violation by an 19 employer. For a knowing violation, the court may also 20 order the suspension of the employer’s business licenses 21 by appropriate agencies for up to 10 business days, after 22 considering certain factors. For an intentional violation, 23 the court must order the suspension of the employer’s business 24 licenses by appropriate agencies for at least 10 business days, 25 after considering certain factors. The bill provides that for 26 a second violation, defined as a violation occurring during a 27 probationary period for a previous violation, the court must 28 order the permanent revocation of the employer’s business 29 licenses. The bill directs the attorney general to maintain an 30 online database of first-time offenders. 31 The bill provides that the district court can only consider 32 a determination by the federal government in determining the 33 immigration status of an alleged unauthorized alien employed by 34 an employer. The bill provides that a determination of lawful 35 -15- LSB 5180YH (5) 86 je/rj 15/ 18

H.F. 2114 status by the federal government will create a rebuttable 1 presumption of the employee’s lawful status, as well as a 2 rebuttable presumption that an employer did not knowingly or 3 intentionally employ an unauthorized alien. The bill provides 4 that an employer who establishes that the employer complied in 5 good faith with 8 U.S.C. §1324a(b) establishes an affirmative 6 defense that the employer did not knowingly or intentionally 7 employ an unauthorized alien. The bill provides that an 8 employer is considered to have complied with the requirements 9 of 8 U.S.C. §1324a(b), notwithstanding an isolated, sporadic, 10 or accidental technical or procedural failure to meet the 11 requirements, if there is a good-faith attempt to comply with 12 the requirements. The bill provides an employer with an 13 affirmative defense of entrapment if certain elements are met. 14 The bill requires an employer hiring a new employee to 15 verify the employee’s employment eligibility through the 16 federal e-verify program. The bill requires the employer 17 to keep records of the verification for the duration of the 18 employee’s employment or three years, whichever is longer. The 19 bill requires an employer receiving an economic development 20 incentive from a state government entity to register with the 21 federal e-verify program. The bill provides that an employer 22 who does not comply with the requirement must repay all moneys 23 received for the economic development incentive. The bill 24 provides an employer the right to appeal a determination of 25 noncompliance, and does not require repayment until a final 26 determination of noncompliance is made. The bill directs the 27 attorney general to request from the United States department 28 of homeland security a list of employers registered with the 29 e-verify program every three months. The bill directs the 30 attorney general to make the list available on the attorney 31 general’s internet site. 32 IMMOBILIZATION OR IMPOUNDMENT OF VEHICLES. The bill 33 requires a peace officer to immobilize or impound a vehicle if 34 the officer determines that the driver, in furtherance of the 35 -16- LSB 5180YH (5) 86 je/rj 16/ 18

H.F. 2114 illegal presence of an alien in the United States and while 1 violating another criminal offense, is transporting or moving 2 or attempting to transport or move an alien in the vehicle if 3 the person knows or recklessly disregards the fact that the 4 alien has come to, has entered, or remains in the United States 5 illegally. The bill requires a peace officer to immobilize or 6 impound a vehicle if the officer determines that the driver is 7 concealing, harboring, or shielding or attempting to conceal, 8 harbor, or shield from detection an alien in the vehicle if 9 the person knows or recklessly disregards the fact that the 10 alien has come to, entered, or remains in the United States 11 illegally. The bill provides definitions. 12 ENFORCEMENT OF IMMIGRATION LAWS. The bill creates new Code 13 chapter 823, relating to enforcement of immigration laws. 14 The bill prohibits officials and agencies of this state or 15 its political subdivisions from restricting or limiting the 16 enforcement of the federal immigration laws to less than the 17 full extent permitted by federal law. The bill requires law 18 enforcement officials and law enforcement agencies of this 19 state or its political subdivisions to reasonably attempt to 20 determine the immigration status of a person involved in a 21 lawful contact where reasonable suspicion exists regarding the 22 immigration status of the person, except if the determination 23 may hinder or obstruct an investigation. The bill stipulates 24 that a law enforcement official or agency cannot solely 25 consider race, color, or national origin when implementing 26 these provisions, except as permitted by the United States 27 or Iowa constitution. The bill specifies that a person is 28 presumed to be lawfully present if the person provides certain 29 documentation. The bill provides that if a person is convicted 30 of a violation of a state or local law, on discharge from 31 imprisonment or on the assessment of any monetary obligation 32 imposed, the United States immigration and customs enforcement 33 or the United States customs and border protection must be 34 immediately notified. The bill authorizes a law enforcement 35 -17- LSB 5180YH (5) 86 je/rj 17/ 18

H.F. 2114 agency to securely transport an unlawfully present alien to 1 a federal facility. The bill prohibits, except as provided 2 in federal law, officials and agencies of this state and its 3 political subdivisions from being prevented or restricted from 4 sending, receiving, or maintaining information relating to 5 the immigration status of an individual or exchanging that 6 information with another governmental entity for certain 7 official purposes. 8 The bill allows a person who is a legal resident of this 9 state to bring an action in district court to challenge 10 officials and agencies of the state and its political 11 subdivisions that adopt or implement a policy that limits or 12 restricts the enforcement of federal immigration laws to less 13 than the full extent permitted by federal law, and provides for 14 a civil penalty. The bill provides for indemnification of law 15 enforcement officers against actions brought under new Code 16 chapter 823, except if the officer has been adjudged to have 17 acted in bad faith. The bill stipulates that new Code chapter 18 823 is to be implemented consistent with federal immigration 19 law protecting the civil rights of all persons and respecting 20 the privileges and immunities of United States citizens. 21 IMPLEMENTATION OF ACT. The bill provides that the bill 22 must be implemented in a manner consistent with federal laws 23 regulating immigration, protecting the civil rights of all 24 persons, and respecting the privileges and immunities of United 25 States citizens. 26 The bill may include a state mandate as defined in Code 27 section 25B.3. The bill makes inapplicable Code section 25B.2, 28 subsection 3, which would relieve a political subdivision from 29 complying with a state mandate if funding for the cost of 30 the state mandate is not provided or specified. Therefore, 31 political subdivisions are required to comply with any state 32 mandate included in the bill. 33 -18- LSB 5180YH (5) 86 je/rj 18/ 18