718CILLEGAL REENTRY BY ALIENS718C.1Definitions.As used in this chapter:1“Alien” means the same as defined in 8 U.S.C. §1101, as of January 1, 2023.2“Port of entry” means a port of entry in the United States as designated by 19 C.F.R. pt. 101.2024 Acts, ch 1020, §1718C.2Illegal reentry into state by certain aliens.1A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state under any of the following circumstances:aThe person has been denied admission to or has been excluded, deported, or removed from the United States.bThe person has departed from the United States while an order of exclusion, deportation, or removal is outstanding.2An offense under this section is an aggravated misdemeanor, except that the offense is:aA class “D” felony if any of the following are true:1The person’s removal was subsequent to a conviction for commission of two or more misdemeanors involving drugs, crimes against a person, or both.2The person was excluded pursuant to 8 U.S.C. §1225(c) because the defendant was excludable under 8 U.S.C. §1182(a)(3)(B).3The person was removed pursuant to the provisions of 8 U.S.C. ch. 12, subch. V.4The person was removed pursuant to 8 U.S.C. §1231(a)(4)(B).bA class “C” felony if the person was removed subsequent to a conviction for the commission of a felony.3For purposes of this section, “removal” includes an order issued under this chapter or any other agreement in which an alien stipulates to removal pursuant to a criminal proceeding under either federal or state law.2024 Acts, ch 1020, §2718C.3Arrest prohibited in certain locations.Notwithstanding any other law, a peace officer may not arrest or detain a person for purposes of enforcing a provision of this chapter if the person is on the premises or grounds of any of the following places:1A public or private primary or secondary school for educational purposes.2A church, synagogue, or other established place of religious worship.3A health care facility, as defined in section 135C.1, including a facility a state agency maintains or operates to provide health care, or the office of a health care provider, provided that the person is on the premises or grounds of the facility or office for the purpose of receiving medical treatment.4A facility that provides forensic medical examinations to sexual assault survivors provided that the person is on the premises or grounds of the facility for purposes of obtaining a forensic medical examination and treatment.2024 Acts, ch 1020, §3718C.4Order to return to foreign nation.1A judge during a person’s initial appearance following an arrest for a violation of this chapter may, after making a determination that probable cause exists for the arrest, order the person released from custody and issue a written order in accordance with subsection 3.2The judge in a person’s case at any time after the person’s initial appearance may, in lieu of continuing the prosecution of or entering an adjudication regarding an offense under this chapter, dismiss the charge pending against the person and issue a written order in accordance with subsection 3.3A written order authorized by subsection 1 or 2 shall discharge the person and require the person to return to the foreign nation from which the person entered or attempted to enter, and may be issued only if all of the following requirements are met:aThe person agrees to the order.bThe person has not previously been convicted of an offense under this chapter, or previously obtained a discharge under an order under subsection 1 or 2.cThe person is not charged with another offense that is punishable as an aggravated misdemeanor or any higher category of offense.dBefore the issuance of the order, the arresting law enforcement agency has done all of the following:1Collected all available identifying information of the person, which must include taking fingerprints from the person and using other applicable photographic and biometric measures to identify the person.2Cross-referenced the collected information with all relevant local, state, and criminal databases and federal lists or classifications used to identify a person as a threat or potential threat to national security.4Upon a person’s conviction of an offense under this chapter, the judge shall enter in the judgment in the case an order requiring the person to return to the foreign nation from which the person entered or attempted to enter. An order issued under this subsection takes effect on completion of the term of confinement or imprisonment imposed by the judgment.5An order issued under this section must include all of the following:aThe manner of transportation of the person to a port of entry.bThe law enforcement officer or state agency responsible for monitoring compliance with the order.6An order issued under this section must be filed with the county clerk of the county in which the person was arrested for an order described by subsection 1, or with the clerk of the court exercising jurisdiction in the case for an order described by subsection 2 or 4.7Not later than the seventh day after the date an order is issued under this section, the law enforcement officer or state agency required to monitor compliance with the order shall report the issuance of the order to the department of public safety for inclusion in the computerized criminal history system.2024 Acts, ch 1020, §4; 2024 Acts, ch 1154, §23718C.5Refusal to comply with order to return to foreign nation.1A person who is an alien commits an offense if all of the following are true:aThe person has been charged with or convicted of an offense under this chapter.bA judge has issued an order under this chapter for the person to return to the foreign nation from which the person entered or attempted to enter.cThe person failed to comply with the order.2An offense under this section is a class “C” felony.2024 Acts, ch 1020, §5718C.6Abatement of prosecution on basis of immigration status determination prohibited.A court may not abate the prosecution of an offense under this chapter on the basis that a federal determination regarding the immigration status of the person is pending or will be initiated.2024 Acts, ch 1020, §6718C.7Civil immunity for and indemnification of local government officials, employees, and contractors.1Except as provided by subsection 4, a local government official, employee, or contractor is immune from liability for damages arising from a cause of action under state law resulting from an action taken by the official, employee, or contractor to enforce this chapter during the course and scope of the official’s, employee’s, or contractor’s office, employment, or contractual performance for or service on behalf of the local government.2Subject to subsection 3 and except as provided by subsection 4, a local government shall indemnify an official, employee, or contractor of the local government for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce this chapter during the course and scope of the official’s, employee’s, or contractor’s office, employment, or contractual performance for or service on behalf of the local government.3Indemnification payments made under subsection 2 by a local government shall not exceed the following:aOne hundred thousand dollars to any one person or three hundred thousand dollars for any single occurrence in the case of personal injury or death.bTen thousand dollars for a single occurrence of property damage.4Subsections 1 and 2 do not apply if the court or jury determines that the local government official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.5A local government shall indemnify an official, employee, or contractor of the local government for reasonable attorney fees incurred in defense of a criminal prosecution against the official, employee, or contractor for an action taken by the official, employee, or contractor to enforce this chapter during the course and scope of the official’s, employee’s, or contractor’s office, employment, or contractual performance for or service on behalf of the local government.6This section shall not be construed to waive any statutory limits on damages under state law.2024 Acts, ch 1020, §7718C.8Civil immunity for and indemnification of state officials, employees, and contractors.1Except as provided by subsection 4, an elected or appointed state official, or a state employee or contractor, is immune from liability for damages arising from a cause of action under state law resulting from an action taken by the official, employee, or contractor to enforce this chapter during the course and scope of the official’s, employee’s, or contractor’s office, employment, or contractual performance for or service on behalf of the state.2Except as provided by subsection 4, the state shall indemnify an elected or appointed state official or a state employee or contractor for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce this chapter during the course and scope of the official’s, employee’s, or contractor’s office, employment, or contractual performance for or service on behalf of the state.3Notwithstanding any other law, an indemnification payment made under subsection 2 is not subject to an indemnification limit under the laws of this state.4Subsections 1 and 2 do not apply if the court or jury determines that the state official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.5The state shall indemnify a state official, employee, or contractor for reasonable attorney fees incurred in defense of a criminal prosecution against the official, employee, or contractor for an action taken by the official, employee, or contractor to enforce this chapter during the course and scope of the official’s, employee’s, or contractor’s office, employment, or contractual performance for or service on behalf of the state.6A state official, employee, or contractor who may be entitled to indemnification under subsection 2 is entitled to representation by the attorney general in an action in connection with which the official, employee, or contractor may be entitled to that indemnification.7This section shall not be construed to waive any statutory limits on damages under state law.2024 Acts, ch 1020, §8718C.9Appeal to supreme court.For a civil action brought against a person who may be entitled to immunity or indemnification under section 718C.7 or 718C.8, an appeal shall be taken directly to the supreme court.2024 Acts, ch 1020, §9718C.10Deferred judgment, deferred sentence, or suspended sentence prohibited.Notwithstanding any other provision of law, a person who is convicted of an offense under section 718C.2 or 718C.5 shall not be eligible for a deferred judgment, deferred sentence, or suspended sentence.2024 Acts, ch 1020, §10