H.F. 2219 Section 1. NEW SECTION . 823.1 Definitions. 1 For the purposes of this chapter, unless the context 2 otherwise requires: 3 1. “Hold request” means a request by federal immigration 4 and customs enforcement that a local law enforcement agency 5 maintain custody of an individual currently in the agency’s 6 custody beyond the time the individual would otherwise be 7 eligible for release from custody in order to facilitate 8 transfer to federal immigration and customs enforcement, and 9 includes but is not limited to United States department of 10 homeland security form I-247D. 11 2. “Immigration and customs enforcement access” means access 12 to an individual by United States immigration and customs 13 enforcement for the purposes of civil immigration enforcement, 14 including when an individual is stopped with or without their 15 consent, arrested, detained, or otherwise under the control 16 of the local law enforcement agency. “Immigration and customs 17 enforcement access” includes all of the following: 18 a. Responding to a hold, notification, or transfer request 19 by United States immigration and customs enforcement. 20 b. Providing notification to United States immigration and 21 customs enforcement that an individual is being or will be 22 released at a certain date and time through data sharing or 23 other means in advance of public notification. 24 c. Providing United States immigration and customs 25 enforcement information that is not publicly available 26 regarding release dates, home addresses, or work addresses, 27 whether through computer databases, jail logs, or other means. 28 d. Allowing United States immigration and customs 29 enforcement to interview an individual. 30 e. Providing United States immigration and customs 31 enforcement information regarding dates and times of probation 32 or parole check-ins. 33 3. “Notification request” means a United States immigration 34 and customs enforcement request that a local law enforcement 35 -1- LSB 5879YH (3) 87 je/rj 1/ 6

H.F. 2219 agency inform United States immigration and customs enforcement 1 of the release date and time of an individual in its custody in 2 advance of public notification and includes but is not limited 3 to United States department of homeland security form I-247N. 4 4. “Transfer request” means a United States immigration 5 and customs enforcement request that a local law enforcement 6 agency facilitate the transfer of an individual in the agency’s 7 custody to the custody of United States immigration and customs 8 enforcement, and includes but is not limited to United States 9 department of homeland security form I-247X. 10 Sec. 2. NEW SECTION . 823.2 Immigration and customs 11 enforcement interviews and request —— procedures. 12 1. A local law enforcement agency shall provide an 13 individual in the agency’s custody with a written notification 14 form in advance of any interview between the individual and 15 United States immigration and customs enforcement regarding 16 a civil immigration violation. The form shall include an 17 explanation of the purpose of the interview, that the interview 18 is voluntary, and that the individual may decline to be 19 interviewed or may choose to be interviewed only with the 20 individual’s attorney present. The written notification form 21 shall be available in English, Spanish, and any other language 22 a local law enforcement agency determines to be appropriate. 23 If a form in an individual’s native language is not available, 24 a local law enforcement agency shall provide for translation of 25 the form into the individual’s native language. A local law 26 enforcement agency shall not delay release of an individual 27 from custody due to the unavailability of a form in the 28 individual’s native language or translation services. 29 2. Upon receiving a hold, notification, or transfer request 30 from United States immigration and customs enforcement, a local 31 law enforcement agency shall provide a copy of the request to 32 the individual who is the subject of the request and inform 33 the individual whether the agency intends to comply with the 34 request. A local law enforcement agency that provides United 35 -2- LSB 5879YH (3) 87 je/rj 2/ 6

H.F. 2219 States immigration and customs enforcement with notification 1 that an individual is being or will be released from custody 2 on a certain date shall promptly provide the same notification 3 in writing to the individual and to either the individual’s 4 attorney or one additional person who the individual may 5 designate. 6 Sec. 3. NEW SECTION . 823.3 Community forum. 7 1. Beginning January 1, 2019, the governing body of any 8 county or city of which a local law enforcement agency has 9 provided immigration and customs enforcement access to an 10 individual during the last year shall hold at least one 11 community forum during the following year. The community forum 12 shall be open to the public in an accessible location with at 13 least thirty days’ notice. The local law enforcement agency 14 shall utilize the community forum to provide information to 15 the public about immigration and customs enforcement access to 16 individuals in the county or city and to receive and consider 17 public comment. 18 2. As part of the community forum, the local law enforcement 19 agency may provide the governing body of the county or city 20 with data the agency maintains regarding the number and 21 demographic characteristics of individuals to whom the agency 22 has provided immigration and customs enforcement access, the 23 date immigration and customs enforcement access was provided, 24 and whether the immigration and customs enforcement access was 25 provided through a hold, transfer, or notification request 26 or through other means. Data may be provided in the form of 27 statistics or, if statistics are not maintained, individual 28 records, provided that personally identifiable information 29 shall be redacted from such records. 30 Sec. 4. NEW SECTION . 823.4 Public records. 31 All records relating to immigration and customs enforcement 32 access provided by local law enforcement agencies, including 33 all communication with United States immigration and customs 34 enforcement, shall be public records subject to the provisions 35 -3- LSB 5879YH (3) 87 je/rj 3/ 6

H.F. 2219 of chapter 22. Records relating to immigration and customs 1 enforcement access include but are not limited to data 2 maintained by the local law enforcement agency regarding the 3 number and demographic characteristics of individuals to whom 4 the agency has provided immigration and customs enforcement 5 access, the date immigration and customs enforcement access 6 was provided, and whether immigration and customs enforcement 7 access was provided through a hold, transfer, or notification 8 request or through other means. 9 Sec. 5. NEW SECTION . 823.5 Rule of construction —— 10 immigration and customs enforcement hold requests. 11 This chapter shall not be construed to provide, expand, 12 or ratify the legal authority of any state or local law 13 enforcement agency to detain an individual based upon a United 14 States immigration and customs enforcement hold request. 15 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill requires a local law enforcement agency to 21 provide an individual in the agency’s custody with a written 22 notification form in advance of any interview between 23 the individual and United States immigration and customs 24 enforcement regarding a civil immigration violation. The bill 25 provides that the form shall include an explanation of the 26 purpose of the interview, that the interview is voluntary, and 27 that the individual may decline to be interviewed or may choose 28 to be interviewed only with the individual’s attorney present. 29 The bill provides for the translation of the form into an 30 individual’s native language. 31 The bill requires a local law enforcement agency, upon 32 receiving a hold, notification, or transfer request from United 33 States immigration and customs enforcement, to provide a copy 34 of the request to the individual who is the subject of the 35 -4- LSB 5879YH (3) 87 je/rj 4/ 6

H.F. 2219 request and inform the individual whether the agency intends 1 to comply with the request. The bill requires a local law 2 enforcement agency that provides United States immigration 3 and customs enforcement with notification that an individual 4 is being or will be released from custody on a certain date 5 to promptly provide the same notification in writing to the 6 individual and to either the individual’s attorney or one 7 additional person who the individual may designate. 8 Beginning January 1, 2019, the bill requires the governing 9 body of any county or city of which a local law enforcement 10 agency has provided immigration and customs enforcement 11 access to an individual during the last year to hold at least 12 one community forum during the following year. The local 13 law enforcement agency shall utilize the community forum to 14 provide information to the public about immigration and customs 15 enforcement access to individuals in the county or city and to 16 receive and consider public comment. The bill authorizes a law 17 enforcement agency to provide the governing body of the county 18 or city with data the agency maintains regarding the number and 19 demographic characteristics of individuals to whom the agency 20 has provided immigration and customs enforcement access as part 21 of the community forum. 22 The bill provides that all records relating to immigration 23 and customs enforcement access to individuals provided by local 24 law enforcement agencies, including all communication with 25 United States immigration and customs enforcement, shall be 26 public records subject to the provisions of Code chapter 22, 27 the state public records law. 28 The bill shall not be construed to provide, expand, or ratify 29 the legal authority of any state or local law enforcement 30 agency to detain an individual based upon a United States 31 immigration and customs enforcement hold request. 32 The bill may include a state mandate as defined in Code 33 section 25B.3. The bill makes inapplicable Code section 25B.2, 34 subsection 3, which would relieve a political subdivision from 35 -5- LSB 5879YH (3) 87 je/rj 5/ 6