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:
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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.
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