House Amendment 8123


PAG LIN




     1  1    Amend House File 2610 as follows:
     1  2 #1.  Page 6, by inserting after line 7 the
     1  3 following:
     1  4                      <DIVISION    
     1  5               IMMIGRATION LAW ENFORCEMENT
     1  6    Sec.    .  MEMORANDUM OF UNDERSTANDING ==
     1  7 ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
     1  8    1.  The attorney general is authorized and directed
     1  9 to negotiate the terms of a memorandum of
     1 10 understanding between the state of Iowa and the United
     1 11 States department of justice or the United States
     1 12 department of homeland security concerning the
     1 13 enforcement of federal immigration and custom laws,
     1 14 detention removals, and investigations in the state of
     1 15 Iowa.  The agreement shall provide that costs incurred
     1 16 by the state for the detention and deportation of an
     1 17 unauthorized alien shall be reimbursed by the federal
     1 18 government.
     1 19    2.  The memorandum of understanding negotiated
     1 20 pursuant to subsection 1 shall be signed on behalf of
     1 21 this state by the attorney general and the governor or
     1 22 as otherwise required by the appropriate federal
     1 23 agency but shall not be implemented until money is
     1 24 appropriated for such purpose.
     1 25    3.  A local government, whether acting through its
     1 26 governing body or by an initiative, referendum, or any
     1 27 other process, shall not enact any ordinance,
     1 28 resolution, or policy that limits or prohibits a law
     1 29 enforcement officer, local officer, or local
     1 30 government employee from communicating or cooperating
     1 31 with federal officials with regard to the immigration
     1 32 status of any person within this state.
     1 33    4.  Notwithstanding any other provision of law, a
     1 34 government entity or official within the state of Iowa
     1 35 shall not prohibit, or in any way restrict, any
     1 36 government entity or official from sending to, or
     1 37 receiving from, the United States department of
     1 38 homeland security information regarding the
     1 39 citizenship or immigration status, lawful or unlawful,
     1 40 of any individual.
     1 41    5.  Notwithstanding any other provision of law, a
     1 42 person or agency shall not prohibit, or in any way
     1 43 restrict, a public employee from doing any of the
     1 44 following with respect to information regarding the
     1 45 immigration status, lawful or unlawful, of any
     1 46 individual:
     1 47    a.  Sending such information to, or requesting or
     1 48 receiving such information from, the United States
     1 49 department of homeland security.
     1 50    b.  Maintaining such information.
     2  1    c.  Exchanging such information with any other
     2  2 federal, state, or local government entity.
     2  3    6.  Any natural or legal person lawfully domiciled
     2  4 in this state may file for a writ of mandamus to
     2  5 compel any noncooperating local or state governmental
     2  6 agency to comply with this section.>
     2  7 #2.  Title page, line 1, by inserting after the
     2  8 word <to> the following:  <identity determination and
     2  9 protection and>
     2 10 #3.  Title page, line 3, by inserting after the
     2 11 word <individuals,> the following:  <and providing for
     2 12 enforcement of immigration laws in the state,>.
     2 13 #4.  By renumbering as necessary.
     2 14
     2 15
     2 16                               
     2 17 STRUYK of Pottawattamie
     2 18 HF 2610.301 82
     2 19 ak/rj/11220

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