House File 629 - Introduced HOUSE FILE 629 BY PEARSON A BILL FOR An Act relating to unlawful aliens and law enforcement and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1435YH (7) 84 je/rj

H.F. 629 Section 1. NEW SECTION . 80.41 Unlawful alien enforcement 1 fund. 2 1. An unlawful alien enforcement fund is created in the 3 state treasury under the control of the department, subject to 4 appropriation by the general assembly. The fund shall consist 5 of civil penalties collected and deposited into the fund under 6 section 823.7, fines collected and deposited into the fund 7 under section 734.5, and moneys appropriated by the general 8 assembly to the fund. Moneys in the fund shall be used by the 9 department for enforcement of laws relating to unlawful aliens 10 and for incarceration costs for unlawful aliens. 11 2. Notwithstanding section 12C.7, subsection 2, interest or 12 earnings on moneys credited to the unlawful alien enforcement 13 fund shall be credited to the unlawful alien enforcement fund. 14 Notwithstanding section 8.33, moneys credited to the unlawful 15 alien enforcement fund at the end of a fiscal year shall not 16 revert to any other fund but shall remain in the fund for 17 purposes of the fund. 18 Sec. 2. NEW SECTION . 93.1 Definitions. 19 As used in this chapter, unless the context otherwise 20 requires: 21 1. “Agency” means an agency, department, board, or 22 commission of this state or a political subdivision that issues 23 a license for purposes of operating a business in this state. 24 2. “Economic development incentive” means a grant, loan, or 25 performance-based incentive awarded by a government entity of 26 this state. “Economic development incentive” does not include a 27 tax credit or tax incentive program. 28 3. “Employ” means hiring or continuing to employ an 29 individual to perform services. 30 4. “Employee” means an individual who provides services 31 or labor for an employer in this state for wages or other 32 remuneration. “Employee” does not include an independent 33 contractor. 34 5. “Employer” means a person that transacts business in 35 -1- LSB 1435YH (7) 84 je/rj 1/ 27

H.F. 629 this state, that has a license issued by an agency in this 1 state, and that employs one or more employees in this state. 2 “Employer” includes this state, a political subdivision of 3 this state, and a self-employed individual. In the case of 4 an independent contractor, “employer” means the independent 5 contractor and does not mean the person or organization that 6 uses the contract labor. 7 6. “E-verify program” means the employment verification 8 pilot program as jointly administered by the United States 9 department of homeland security and the United States social 10 security administration or any successor program. 11 7. “Government entity” means this state or a political 12 subdivision of this state that receives and uses tax revenues. 13 8. “Independent contractor” means a person that carries on 14 an independent business, that contracts to do a piece of work 15 according to the person’s own means and methods and that is 16 subject to control only as to results. Whether a person is an 17 independent contractor is determined on a case-by-case basis 18 through various factors, including whether the person does any 19 of the following: 20 a. Supplies tools or materials. 21 b. Makes services available to the general public. 22 c. Works or may work for a number of clients at the same 23 time. 24 d. Has an opportunity for profit or loss as a result of 25 labor or service provided. 26 e. Invests in the facilities for work. 27 f. Directs the order or sequence in which the work is 28 completed. 29 g. Determines the hours when the work is completed. 30 9. “Knowingly employ an unauthorized alien” means the 31 actions described in 8 U.S.C. § 1324a, and shall be interpreted 32 consistently with 8 U.S.C. § 1324a and any applicable federal 33 regulations. 34 10. “License” means an agency permit, certificate, approval, 35 -2- LSB 1435YH (7) 84 je/rj 2/ 27

H.F. 629 registration, charter, or similar form of authorization, other 1 than a professional license, that is required by law and that 2 is issued by an agency for the purposes of operating a business 3 in this state, including by a foreign corporation. 4 11. “Social security number verification service” means 5 the program administered by the United States social security 6 administration or any successor program. 7 12. “Unauthorized alien” means an alien who does not have 8 the legal right or authorization under federal law to work in 9 the United States as described in 8 U.S.C. § 1324a(h)(3). 10 Sec. 3. NEW SECTION . 93.2 Knowingly or intentionally 11 employing unauthorized aliens. 12 1. Knowingly or intentionally employing unauthorized aliens 13 prohibited. An employer shall not knowingly or intentionally 14 employ an unauthorized alien. If an employer uses a contract, 15 subcontract, or other independent contractor agreement to 16 obtain the labor of an alien in this state, and the employer 17 knowingly or intentionally contracts with an unauthorized 18 alien or with a person who employs or contracts with an 19 unauthorized alien to perform the labor, the employer violates 20 this subsection. 21 2. Complaints. a. The attorney general shall prescribe 22 a complaint form for a person to allege a violation of 23 subsection 1. The complainant shall not be required to list 24 the complainant’s social security number on the complaint form 25 or to have the complaint form notarized. Complaints shall 26 be submitted to the attorney general or a county attorney. 27 A complaint that is submitted to a county attorney shall be 28 submitted to the county attorney in the county in which the 29 alleged unauthorized alien is or was employed by the employer. 30 This subsection shall not be construed to prohibit the filing 31 of anonymous complaints that are not submitted on a prescribed 32 complaint form. 33 b. On receipt of a complaint on a prescribed complaint form 34 that an employer allegedly knowingly or intentionally employs 35 -3- LSB 1435YH (7) 84 je/rj 3/ 27

H.F. 629 or employed an unauthorized alien, the attorney general or 1 county attorney shall investigate whether the employer has 2 violated subsection 1. If a complaint is received but is not 3 submitted on a prescribed complaint form, the attorney general 4 or county attorney may investigate whether the employer has 5 violated subsection 1. 6 c. The attorney general or county attorney shall not 7 investigate complaints that are based solely on race, color, 8 or national origin. The county sheriff or any other local law 9 enforcement agency may assist in investigating a complaint. 10 When investigating a complaint, the attorney general or county 11 attorney shall verify the work authorization of the alleged 12 unauthorized alien with the federal government pursuant to 8 13 U.S.C. § 1373(c). A state, county, or local official shall not 14 attempt to independently make a final determination on whether 15 an alien is authorized to work in the United States. 16 d. A person who knowingly files a false and frivolous 17 complaint under this subsection is guilty of a simple 18 misdemeanor. 19 3. Required notifications. a. If, after an investigation, 20 the attorney general or county attorney determines that the 21 complaint is not false and frivolous, the attorney general or 22 county attorney shall notify the following entities of the 23 unauthorized alien: 24 (1) The United States immigration and customs enforcement. 25 (2) The local law enforcement agency. 26 b. The attorney general shall notify the appropriate county 27 attorney to bring an action pursuant to subsection 4 if the 28 complaint was originally filed with the attorney general. 29 4. Court action required. An action for a violation of 30 subsection 1 shall be brought against the employer by the 31 county attorney in the district court of the county where the 32 unauthorized alien employee is or was employed by the employer. 33 The district court shall expedite the action, including 34 assigning a hearing at the earliest practicable date. 35 -4- LSB 1435YH (7) 84 je/rj 4/ 27

H.F. 629 5. Court order —— first violation. On a finding of a first 1 violation as described in subsection 7, the court shall require 2 by order all of the following: 3 a. The employer shall terminate the employment of all 4 unauthorized aliens. 5 b. (1) For a knowing violation, the employer shall be 6 subject to a three-year probationary period for the business 7 location where the unauthorized alien performed work. 8 (2) For an intentional violation, the employer shall be 9 subject to a five-year probationary period for the business 10 location where the unauthorized alien performed work. 11 (3) During the probationary period, the employer shall file 12 quarterly reports on the form prescribed in section 252G.3 with 13 the county attorney for each new employee who is hired by the 14 employer at the business location where the unauthorized alien 15 performed work. 16 c. The employer to file a signed sworn affidavit with the 17 county attorney within three business days after the order 18 is issued. The affidavit shall state that the employer has 19 terminated the employment of all unauthorized aliens in this 20 state and that the employer will not knowingly or intentionally 21 employ an unauthorized alien in this state. 22 (1) The court shall order the appropriate agencies to 23 suspend all licenses that are held by the employer if the 24 employer fails to file a signed sworn affidavit with the county 25 attorney within three business days after the order is issued. 26 All licenses that are suspended shall remain suspended until 27 the employer files a signed sworn affidavit with the county 28 attorney. Upon filing of the affidavit, the suspended licenses 29 shall be reinstated immediately by the appropriate agencies. 30 (2) Licenses that are subject to suspension under this 31 paragraph “c” are all licenses that are held by the employer 32 specific to the business location where the unauthorized alien 33 performed work. If the employer does not hold a license 34 specific to the business location where the unauthorized alien 35 -5- LSB 1435YH (7) 84 je/rj 5/ 27

H.F. 629 performed work, but a license is necessary to operate the 1 employer’s business in general, the licenses that are subject 2 to suspension under this paragraph “c” are all licenses that 3 are held by the employer at the employer’s primary place of 4 business. On receipt of the court’s order, the appropriate 5 agencies shall suspend the licenses according to the court’s 6 order. The court shall send a copy of the court’s order to the 7 attorney general and the attorney general shall maintain the 8 copy pursuant to subsection 8. 9 (3) For a knowing violation, the court may order the 10 appropriate agencies to suspend all licenses described in this 11 paragraph “c” that are held by the employer for not more than 12 ten business days. For an intentional violation, the court 13 shall order the appropriate agencies to suspend all licenses 14 described in this paragraph “c” that are held by the employer 15 for a minimum of ten business days. The court shall base its 16 decision to suspend under this subparagraph on any evidence or 17 information submitted to it during the action for a violation 18 of subsection 1 and shall consider the following factors, if 19 relevant: 20 (a) The number of unauthorized aliens employed by the 21 employer. 22 (b) Any prior misconduct by the employer. 23 (c) The degree of harm resulting from the violation. 24 (d) Whether the employer made good faith efforts to comply 25 with any applicable requirements. 26 (e) The duration of the violation. 27 (f) The role of the directors, officers, or principals of 28 the employer in the violation. 29 (g) Any other factors the court deems appropriate. 30 6. Court order —— second violation. For a second violation, 31 as described in subsection 7, the court shall order the 32 appropriate agencies to permanently revoke all licenses that 33 are held by the employer specific to the business location 34 where the unauthorized alien performed work. If the employer 35 -6- LSB 1435YH (7) 84 je/rj 6/ 27

H.F. 629 does not hold a license specific to the business location 1 where the unauthorized alien performed work, but a license 2 is necessary to operate the employer’s business in general, 3 the court shall order the appropriate agencies to permanently 4 revoke all licenses that are held by the employer at the 5 employer’s primary place of business. On receipt of the order, 6 the appropriate agencies shall immediately revoke the licenses. 7 7. Violations defined. a. The violation shall be 8 considered a first violation by an employer at a business 9 location if the violation did not occur during a probationary 10 period ordered by the court under subsection 5, paragraph “b” , 11 for that employer’s business location. 12 b. The violation shall be considered a second violation by 13 an employer at a business location if the violation occurred 14 during a probationary period ordered by the court under 15 subsection 5, paragraph “b” , for that employer’s business 16 location. 17 8. Attorney general database. The attorney general shall 18 maintain copies of court orders that are received pursuant to 19 subsection 5, paragraph “c” , and shall maintain a database 20 of the employers and business locations that have a first 21 violation of subsection 1 and make the court orders available 22 on the attorney general’s internet site. 23 9. Federal determination governs. In determining whether 24 an employee is an unauthorized alien, the court shall consider 25 only the federal government’s determination pursuant to 8 26 U.S.C. § 1373(c). The federal government’s determination 27 creates a rebuttable presumption of the employee’s lawful 28 status. The court may take judicial notice of the federal 29 government’s determination and may request the federal 30 government to provide automated or testimonial verification 31 pursuant to 8 U.S.C. § 1373(c). 32 10. E-verify rebuttable presumption. For the purposes of 33 this section, proof of verifying the employment authorization 34 of an employee through the e-verify program creates a 35 -7- LSB 1435YH (7) 84 je/rj 7/ 27

H.F. 629 rebuttable presumption that an employer did not knowingly or 1 intentionally employ an unauthorized alien. 2 11. Good faith compliance. For the purposes of this 3 section, an employer that establishes that it has complied 4 in good faith with the requirements of 8 U.S.C. § 1324a(b) 5 establishes an affirmative defense that the employer did not 6 knowingly or intentionally employ an unauthorized alien. An 7 employer is considered to have complied with the requirements 8 of 8 U.S.C. § 1324a(b), notwithstanding an isolated, sporadic, 9 or accidental technical or procedural failure to meet the 10 requirements, if there is a good faith attempt to comply with 11 the requirements. 12 12. Entrapment as affirmative defense. a. It is an 13 affirmative defense to a violation of subsection 1 that the 14 employer was entrapped. To claim entrapment, the employer 15 must admit by the employer’s testimony or other evidence the 16 substantial elements of the violation. An employer who asserts 17 an entrapment defense has the burden of proving all of the 18 following by a preponderance of the evidence: 19 (1) The idea of committing the violation started with law 20 enforcement officers or their agents rather than with the 21 employer. 22 (2) The law enforcement officers or their agents urged and 23 induced the employer to commit the violation. 24 (3) The employer was not predisposed to commit the violation 25 before the law enforcement officers or their agents urged and 26 induced the employer to commit the violation. 27 b. An employer does not establish entrapment if the employer 28 was predisposed to violate subsection 1 and the law enforcement 29 officers or their agents merely provided the employer with an 30 opportunity to commit the violation. It is not entrapment for 31 law enforcement officers or their agents merely to use a ruse 32 or to conceal their identity. The conduct of law enforcement 33 officers and their agents may be considered in determining if 34 an employer has proven entrapment. 35 -8- LSB 1435YH (7) 84 je/rj 8/ 27

H.F. 629 Sec. 4. NEW SECTION . 93.3 E-verify program —— employer 1 participation. 2 1. An employer, after hiring an employee, shall verify the 3 employment eligibility of the employee through the e-verify 4 program and shall keep a record of the verification for the 5 duration of the employee’s employment or at least three years, 6 whichever is longer. 7 2. In addition to any other requirement for an employer to 8 receive an economic development incentive from a government 9 entity, the employer shall register with and participate 10 in the e-verify program. Before receiving the economic 11 development incentive, the employer shall provide proof to the 12 government entity that the employer is registered with and 13 is participating in the e-verify program. If the government 14 entity determines that the employer is not complying with this 15 subsection, the government entity shall notify the employer 16 by certified mail of the government entity’s determination 17 of noncompliance and the employer’s right to appeal the 18 determination. On a final determination of noncompliance, 19 the employer shall repay all moneys received as an economic 20 development incentive to the government entity within thirty 21 days of the final determination. 22 3. Every three months, the attorney general shall request 23 from the United States department of homeland security a list 24 of employers from this state that are registered with the 25 e-verify program. On receipt of the list of employers, the 26 attorney general shall make the list available on the attorney 27 general’s internet site. 28 Sec. 5. NEW SECTION . 321.518 Unlawful aliens —— vehicle 29 immobilization or impoundment. 30 1. For purposes of this section: 31 a. “Immobilization” means the installation of a device in 32 a motor vehicle that completely prevents a motor vehicle from 33 being operated, or the installation of an ignition interlock 34 device of a type approved by the commissioner of public safety. 35 -9- LSB 1435YH (7) 84 je/rj 9/ 27

H.F. 629 b. “Impoundment” means the process of seizure and 1 confinement within an enclosed area of a motor vehicle, for the 2 purpose of restricting access to the vehicle. 3 2. A peace officer shall cause the removal and either 4 immobilization or impoundment of a vehicle if the peace officer 5 determines that a person is driving the vehicle while any of 6 the following applies: 7 a. In furtherance of the illegal presence of an alien in 8 the United States and in violation of a criminal offense, the 9 person is transporting or moving or attempting to transport or 10 move an alien in this state in a vehicle if the person knows or 11 recklessly disregards the fact that the alien has come to, has 12 entered, or remains in the United States in violation of law. 13 b. The person is concealing, harboring, or shielding 14 or attempting to conceal, harbor, or shield from detection 15 an alien in this state in a vehicle if the person knows or 16 recklessly disregards the fact that the alien has come to, 17 entered, or remains in the United States in violation of law. 18 Sec. 6. NEW SECTION . 710B.1 Definitions. 19 For the purposes of this chapter: 20 1. “Drop house” means property or real property that is used 21 to facilitate smuggling of human beings. 22 2. “Family member” means the person’s parent, grandparent, 23 sibling, or any other person who is related to the person by 24 consanguinity or affinity to the second degree. 25 3. “Procurement of transportation” means any participation 26 in or facilitation of transportation and includes all of the 27 following: 28 a. Providing services that facilitate transportation, 29 including travel arrangement services or money transmission 30 services. 31 b. Providing property that facilitates transportation, 32 including all of the following: 33 (1) A weapon. 34 (2) A vehicle or other means of transportation. 35 -10- LSB 1435YH (7) 84 je/rj 10/ 27

H.F. 629 (3) False identification information. 1 (4) Selling, leasing, renting, or otherwise making 2 available a drop house. 3 4. “Trafficking of human beings” means the transportation, 4 procurement of transportation, or use of property or real 5 property by a person or an entity that knows or has reason 6 to know that the person or persons transported or to be 7 transported are not United States citizens, permanent resident 8 aliens, or persons otherwise lawfully in this state, or have 9 attempted to enter, entered, or remained in the United States 10 in violation of law. 11 Sec. 7. NEW SECTION . 710B.2 Trafficking of human beings 12 unlawful —— penalties. 13 1. A person shall not intentionally engage in the 14 trafficking of human beings for profit or commercial purpose. 15 2. A violation of subsection 1 is classified as follows: 16 a. A class “C” felony if the human being who is trafficked 17 is under eighteen years of age and is not accompanied by 18 a family member over eighteen years of age or the offense 19 involved the use of a dangerous weapon as defined in section 20 702.7. 21 b. A class “D” felony if the offense involves the use or 22 threatened use of deadly force and the person is not eligible 23 for suspension of sentence, probation, pardon, or release from 24 confinement on any other basis except any of the following: 25 (1) As authorized by chapter 905 and sections 904.703, 26 904.910, and 906.4 for work release only. 27 (2) Until the sentence imposed by the court has been served. 28 (3) The person is eligible for release pursuant to section 29 903A.2. 30 (4) The sentence is commuted pursuant to section 914.1. 31 c. An aggravated misdemeanor for any other violation. 32 Sec. 8. NEW SECTION . 710B.3 Traffic stops. 33 Notwithstanding any other provision of law, in the 34 enforcement of this chapter, a peace officer may lawfully stop 35 -11- LSB 1435YH (7) 84 je/rj 11/ 27

H.F. 629 a person who is operating a motor vehicle if the officer has 1 reasonable suspicion to believe the person is in violation of a 2 civil traffic law. 3 Sec. 9. Section 715A.2A, subsection 1, Code 2011, is amended 4 to read as follows: 5 1. An employer is subject to the civil penalty in this 6 section if the employer does either any of the following: 7 a. Hires a person when the employer or an agent or employee 8 of the employer knows that the document evidencing the person’s 9 authorized stay or employment in the United States is in 10 violation of section 715A.2, subsection 2 , paragraph “a” , 11 subparagraph (4) , or knows that the person is not authorized to 12 be employed in the United States . 13 b. Continues to employ a person when the employer or an 14 agent or employee of the employer knows that the document 15 evidencing the person’s authorized stay or employment in the 16 United States is in violation of section 715A.2, subsection 2 , 17 paragraph “a” , subparagraph (4) , or knows that the person is not 18 authorized to be employed in the United States . 19 Sec. 10. NEW SECTION . 734.1 Failure to carry alien 20 identification documentation. 21 In addition to any violation of federal law, a person 22 is guilty of willful failure to complete or carry an alien 23 registration document if the person is in violation of 8 U.S.C. 24 § 1304(e) or 8 U.S.C. § 1306(a). 25 Sec. 11. NEW SECTION . 734.2 Determination of immigration 26 status. 27 In the enforcement of this chapter, an alien’s immigration 28 status may be determined by any of the following: 29 1. A law enforcement officer who is authorized by 30 the federal government to verify or ascertain an alien’s 31 immigration status. 32 2. The United States immigration and customs enforcement or 33 the United States customs and border protection pursuant to 8 34 U.S.C. § 1373(c). 35 -12- LSB 1435YH (7) 84 je/rj 12/ 27

H.F. 629 Sec. 12. NEW SECTION . 734.3 Eligibility for release. 1 A person who is sentenced pursuant to this chapter is 2 not eligible for suspension of sentence, probation, pardon, 3 commutation of sentence, or release from confinement on any 4 basis except any of the following: 5 1. As authorized by chapter 905 and sections 904.703, 6 904.910, and 906.4 for work release only. 7 2. Until the sentence imposed by the court has been served. 8 3. The person is eligible for release pursuant to section 9 903A.2. 10 Sec. 13. NEW SECTION . 734.4 Payment of costs and 11 assessment. 12 In addition to any other penalty prescribed by law, the court 13 shall order the person to pay the cost of incarceration and an 14 additional assessment of a fine in the following amounts: 15 1. At least five hundred dollars for a first violation. 16 2. Twice the amount specified in subsection 1 if the person 17 was previously subject to an assessment pursuant to this 18 section. 19 Sec. 14. NEW SECTION . 734.5 Remittance of fines. 20 A court shall collect the fine prescribed in section 734.4 21 and remit the fine to the treasurer of state for deposit in the 22 unlawful alien enforcement fund created in section 80.41. 23 Sec. 15. NEW SECTION . 734.6 Inapplicability. 24 This chapter does not apply to a person who maintains 25 authorization from the federal government to remain in the 26 United States. 27 Sec. 16. NEW SECTION . 734.7 Admissibility of records. 28 A record that relates to the immigration status of a 29 person is admissible in any court without further foundation 30 or testimony from a custodian of records if the record is 31 certified as authentic by the government agency that is 32 responsible for maintaining the record. 33 Sec. 17. NEW SECTION . 734.8 Penalty. 34 A violation of this chapter is classified as follows: 35 -13- LSB 1435YH (7) 84 je/rj 13/ 27

H.F. 629 1. A class “D” felony if the person violates this section 1 while in possession of any of the following: 2 a. A controlled substance, counterfeit substance, or 3 simulated controlled substance as defined in section 124.101. 4 b. A dangerous weapon as defined in section 702.7. 5 c. Property that is used for the purpose of committing 6 or attempting to commit an act of terrorism as proscribed in 7 section 708A.2 or for providing material support or resources 8 to a person committing or attempting to commit terrorism as 9 proscribed in section 708A.4. 10 2. An aggravated misdemeanor if any of the following 11 applies: 12 a. The person is convicted of a second or subsequent 13 violation of this chapter. 14 b. Within sixty months before the violation, the person 15 has been removed from the United States pursuant to 8 U.S.C. 16 § 1229a or has accepted a voluntary removal from the United 17 States pursuant to 8 U.S.C. § 1229c. 18 3. A serious misdemeanor for any other violation. 19 Sec. 18. NEW SECTION . 735.1 Employment of unlawful aliens 20 —— penalty. 21 1. For the purposes of this section: 22 a. “Solicit” means verbal or nonverbal communication by a 23 gesture or a nod that would indicate to a reasonable person 24 that a person is willing to be employed. 25 b. “Unauthorized alien” means an alien who does not have the 26 legal right or authorization under federal law to work in the 27 United States as described in 8 U.S.C. § 1324a(h)(3). 28 2. An occupant of a motor vehicle that is stopped on a 29 street, roadway, or highway shall not attempt to hire or hire 30 and pick up passengers for work at a different location if the 31 motor vehicle blocks or impedes the normal movement of traffic. 32 3. A person shall not enter a motor vehicle that is stopped 33 on a street, roadway, or highway in order to be hired by an 34 occupant of the motor vehicle and to be transported to work at 35 -14- LSB 1435YH (7) 84 je/rj 14/ 27

H.F. 629 a different location if the motor vehicle blocks or impedes the 1 normal movement of traffic. 2 4. A person who is unlawfully present in the United States 3 and who is an unauthorized alien shall not knowingly apply for 4 work, solicit work in a public place, or perform work as an 5 employee or independent contractor in this state. 6 5. A violation of this section is a serious misdemeanor. 7 Sec. 19. NEW SECTION . 735.2 Transportation, concealment, 8 and inducement of unlawful aliens —— penalty. 9 1. For the purposes of this section: 10 a. “Immobilized” means the installation of a device in a 11 motor vehicle that completely prevents a motor vehicle from 12 being operated, or the installation of an ignition interlock 13 device of a type approved by the commissioner of public safety. 14 b. “Impoundment” means the process of seizure and 15 confinement within an enclosed area of a motor vehicle, for the 16 purpose of restricting access to the vehicle. 17 2. A person who commits a criminal offense also commits 18 another criminal offense if the person does any of the 19 following: 20 a. Transports or moves or attempts to transport or move an 21 alien in this state, in furtherance of the illegal presence of 22 the alien in the United States, in a means of transportation 23 if the person knows or recklessly disregards the fact that the 24 alien has come to, has entered, or remains in the United States 25 in violation of law. 26 b. Conceals, harbors, or shields or attempts to conceal, 27 harbor, or shield an alien from detection in any place in this 28 state, including any building or any means of transportation, 29 if the person knows or recklessly disregards the fact that the 30 alien has come to, has entered, or remains in the United States 31 in violation of law. 32 c. Encourages or induces an alien to enter or reside in this 33 state if the person knows or recklessly disregards the fact 34 that the alien entering or residing in this state is or will be 35 -15- LSB 1435YH (7) 84 je/rj 15/ 27

H.F. 629 in violation of law. 1 3. A means of transportation that is used in the commission 2 of a violation of this section is subject to mandatory vehicle 3 immobilization or impoundment. 4 4. This section does not apply to a department of human 5 services’ worker acting in the worker’s official capacity or a 6 person who is acting in the capacity of a first responder, an 7 ambulance attendant, or an emergency medical care provider and 8 who is transporting or moving an alien in this state. 9 5. A person who violates this section is guilty of a 10 serious misdemeanor, except that a violation of this section 11 that involves ten or more unauthorized aliens is an aggravated 12 misdemeanor and is punishable by confinement for no more than 13 two years and a fine of at least one thousand dollars for each 14 alien who is involved. 15 Sec. 20. Section 804.7, Code 2011, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 7. If the peace officer has reasonable 18 grounds for believing that the person to be arrested has 19 committed a public offense that makes the person removable from 20 the United States. 21 Sec. 21. NEW SECTION . 823.1 Interference with enforcement 22 prohibited. 23 An official or agency of this state or a political 24 subdivision of this state shall not limit or restrict the 25 enforcement of federal immigration laws to less than the full 26 extent permitted by federal law. 27 Sec. 22. NEW SECTION . 823.2 Determination of immigration 28 status. 29 For a lawful contact made by a law enforcement official or 30 a law enforcement agency of this state or a law enforcement 31 official or a law enforcement agency of a political subdivision 32 of this state where reasonable suspicion exists that a person 33 is an alien who is unlawfully present in the United States, 34 a reasonable attempt shall be made, when practicable, to 35 -16- LSB 1435YH (7) 84 je/rj 16/ 27

H.F. 629 determine the immigration status of the person, except if the 1 determination may hinder or obstruct an investigation. A 2 person who is arrested shall have the person’s immigration 3 status determined before the person is released. The person’s 4 immigration status shall be verified with the federal 5 government pursuant to 8 U.S.C. § 1373(c). A law enforcement 6 official or agency of this state or a political subdivision of 7 this state shall not solely consider race, color, or national 8 origin in implementing the requirements of this section 9 except to the extent permitted by the United States or Iowa 10 constitution. A person is presumed to not be an alien who is 11 unlawfully present in the United States if the person provides 12 to the law enforcement officer or agency any of the following: 13 1. A valid Iowa driver’s license. 14 2. A valid Iowa nonoperator’s identification card. 15 3. A valid tribal enrollment card or other form of tribal 16 identification. 17 4. A valid United States, state, or local government-issued 18 identification if the government entity issuing the document 19 requires proof of legal presence in the United States before 20 issuance. 21 Sec. 23. NEW SECTION . 823.3 Notification of federal 22 authority. 23 If an alien who is unlawfully present in the United States is 24 convicted of a violation of state or local law, on discharge 25 from imprisonment or on the assessment of a monetary obligation 26 that is imposed, an official or agency of this state or a 27 political subdivision of this state shall immediately notify 28 the United States immigration and customs enforcement or the 29 United States customs and border protection. 30 Sec. 24. NEW SECTION . 823.4 Transportation of unlawful 31 aliens. 32 Notwithstanding any other provision of law, a law 33 enforcement agency may securely transport an alien for whom the 34 agency has received verification that the alien is unlawfully 35 -17- LSB 1435YH (7) 84 je/rj 17/ 27

H.F. 629 present in the United States and who is in the agency’s custody 1 to a federal facility in this state or to any other point of 2 transfer into federal custody that is outside the jurisdiction 3 of the law enforcement agency. A law enforcement agency shall 4 obtain judicial authorization before securely transporting an 5 alien who is unlawfully present in the United States to a point 6 of transfer that is outside of this state. 7 Sec. 25. NEW SECTION . 823.5 Use of information for official 8 purpose. 9 Except as provided in federal law, an official or agency 10 of this state or a political subdivision of this state 11 shall not be prohibited or in any way be restricted from 12 sending, receiving, or maintaining information relating to 13 the immigration status, lawful or unlawful, of a person or 14 exchanging that information with any other federal, state, or 15 local governmental entity for any of the following official 16 purposes: 17 1. Determining eligibility for a public benefit, service, 18 or license provided by a federal, state, local, or other 19 political subdivision of this state. 20 2. Verifying a claim of residence or domicile if 21 determination of residence or domicile is required under the 22 laws of this state or a judicial order issued pursuant to a 23 civil or criminal proceeding in this state. 24 3. If the person is an alien, determining whether the person 25 is in compliance with the federal registration laws prescribed 26 by Tit. II, Ch. 7 of the federal Immigration and Nationality 27 Act. 28 4. Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644. 29 Sec. 26. NEW SECTION . 823.6 Civil suit and penalty. 30 A person who is a legal resident of this state may bring an 31 action in district court to challenge an official or agency of 32 this state or a political subdivision of this state that adopts 33 or implements a policy or practice that limits or restricts 34 the enforcement of federal immigration laws to less than the 35 -18- LSB 1435YH (7) 84 je/rj 18/ 27

H.F. 629 full extent permitted by federal law. If there is a judicial 1 finding that an entity has violated this chapter, the court 2 shall order that the entity pay a civil penalty of not less 3 than one thousand dollars and not more than five thousand 4 dollars for each day that the policy has remained in effect 5 after the filing of an action pursuant to this section. 6 Sec. 27. NEW SECTION . 823.7 Remittance of civil penalty. 7 A court shall collect the civil penalty prescribed in 8 section 823.6 and remit the civil penalty to the treasurer 9 of state for deposit in the unlawful alien enforcement fund 10 created in section 80.41. 11 Sec. 28. NEW SECTION . 823.8 Court costs and attorney fees. 12 The court may award court costs and reasonable attorney 13 fees to a person or an official or agency of this state or 14 a political subdivision of this state that prevails by an 15 adjudication on the merits in a proceeding brought pursuant to 16 section 823.6. 17 Sec. 29. NEW SECTION . 823.9 Indemnification. 18 A law enforcement officer shall be indemnified by the 19 officer’s agency against reasonable costs and expenses, 20 including attorney fees, incurred by the officer in connection 21 with an action, suit, or proceeding brought pursuant to this 22 chapter in which the officer may be a defendant by reason 23 of the officer being or having been a member of the law 24 enforcement agency, except in relation to matters in which the 25 officer is adjudged to have acted in bad faith. 26 Sec. 30. NEW SECTION . 823.10 Consistency with existing law. 27 This chapter shall be implemented and administered in a 28 manner consistent with federal laws regulating immigration, 29 protecting the civil rights of all persons, and respecting the 30 privileges and immunities of United States citizens. 31 Sec. 31. IMPLEMENTATION OF ACT. 32 1. This Act shall be implemented and administered in a 33 manner consistent with federal laws regulating immigration, 34 protecting the civil rights of all persons, and respecting the 35 -19- LSB 1435YH (7) 84 je/rj 19/ 27