House File 107 - Introduced HOUSE FILE BY STRUYK, WINDSCHITL, FORRISTALL, PETTENGILL, SCHULTZ, HUSEMAN, ALONS, DRAKE, RAYHONS, and HORBACH Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for the enforcement of immigration laws in this 2 state, including the detention and deportation of unauthorized 3 aliens and the seizure of assets. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1552YH 83 6 jm/rj/5 PAG LIN 1 1 Section 1. MEMORANDUM OF UNDERSTANDING == ENFORCEMENT OF 1 2 FEDERAL IMMIGRATION LAW. 1 3 1. The attorney general is authorized and directed to 1 4 negotiate the terms of a memorandum of understanding between 1 5 the state of Iowa and the United States department of justice 1 6 or the United States department of homeland security 1 7 concerning the enforcement of federal immigration and custom 1 8 laws, detention of unauthorized aliens in county jails, and 1 9 immediate deportation after serving a state sentence. The 1 10 memorandum of understanding shall include procedures for 1 11 seizing the assets of an unauthorized alien to reimburse this 1 12 state for any services provided to the unauthorized alien. 1 13 The agreement shall also provide that costs incurred by this 1 14 state for the detention and deportation of an unauthorized 1 15 alien shall be reimbursed by the federal government. 1 16 2. The memorandum of understanding negotiated pursuant to 1 17 subsection 1 shall be signed on behalf of this state by the 1 18 attorney general and the governor or as otherwise required by 1 19 the appropriate federal agency but shall not be implemented 1 20 until money is appropriated for such purpose. 1 21 3. A local government, whether acting through its 1 22 governing body or by an initiative, referendum, or any other 1 23 process, shall not enact any ordinance, resolution, or policy 1 24 that limits or prohibits a law enforcement officer, local 1 25 officer, or local government employee from communicating or 1 26 cooperating with federal officials with regard to the 1 27 immigration status of any person within this state. 1 28 4. Notwithstanding any other provision of law, a 1 29 government entity or official within the state of Iowa shall 1 30 not prohibit, or in any way restrict, any government entity or 1 31 official from sending to, or receiving from, the United States 1 32 department of homeland security information regarding the 1 33 citizenship or immigration status, lawful or unlawful, of any 1 34 individual. 1 35 5. Notwithstanding any other provision of law, a person or 2 1 agency shall not prohibit, or in any way restrict, a public 2 2 employee from doing any of the following with respect to 2 3 information regarding the immigration status, lawful or 2 4 unlawful, of any individual: 2 5 a. Sending such information to, or requesting or receiving 2 6 such information from, the United States department of 2 7 homeland security. 2 8 b. Maintaining such information. 2 9 c. Exchanging such information with any other federal, 2 10 state, or local government entity. 2 11 6. Any natural or legal person lawfully domiciled in this 2 12 state may file for a writ of mandamus to compel any 2 13 noncooperating local or state governmental agency to comply 2 14 with this section. 2 15 EXPLANATION 2 16 This bill authorizes the attorney general to negotiate a 2 17 memorandum of understanding on behalf of the state with the 2 18 United States department of justice or the United States 2 19 department of homeland security concerning the enforcement of 2 20 federal immigration and custom laws, detention of unauthorized 2 21 aliens in county jails, and the immediate deportation after 2 22 serving a state sentence. The memorandum of understanding 2 23 shall also include procedures for seizing the assets of an 2 24 unauthorized alien to reimburse the state for any services 2 25 provided to the unauthorized alien. The bill also requires 2 26 that the agreement provide that costs incurred by the state in 2 27 detaining and deporting an unauthorized alien be reimbursed by 2 28 the federal government. 2 29 The bill further provides that a person, including the 2 30 state and any local government, shall not restrict a public 2 31 employee from communicating or cooperating with federal 2 32 officials with regard to the immigration status of any person 2 33 within this state. 2 34 Any person may file for a writ of mandamus to compel 2 35 compliance with the bill. 3 1 LSB 1552YH 83 3 2 jm/rj/5