House File 2116 - Introduced HOUSE FILE 2116 BY WILLS A BILL FOR An Act to prohibit counties and cities from limiting or 1 restricting enforcement of federal immigration laws. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5176YH (3) 86 je/sc

H.F. 2116 Section 1. Section 331.304, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11. a. An official or governing authority 3 of a county shall not limit or restrict the enforcement of any 4 federal immigration law to less than the full extent permitted 5 by federal law. 6 b. Except as provided in federal law, an official or 7 governing authority of a county shall not be prohibited or in 8 any way be restricted from sending, receiving, or maintaining 9 information relating to the immigration status, whether lawful 10 or unlawful, of any individual or exchanging that information 11 with any other federal, state, or local governmental entity for 12 the following official purposes: 13 (1) Determining eligibility for any public benefit, 14 service, or license provided by any federal, state, local, or 15 other governmental subdivision of this state. 16 (2) Verifying any claim of residence or domicile by an 17 individual if determination of residence or domicile is 18 required under the laws of this state or a judicial order 19 issued pursuant to a civil or criminal proceeding in this 20 state. 21 (3) If the individual is not a citizen of the United States, 22 determining whether the individual is in compliance with the 23 federal registration laws prescribed by 8 U.S.C. §§1301-1306. 24 (4) Pursuant to 8 U.S.C. §1373 and 8 U.S.C. §1644. 25 Sec. 2. Section 364.3, Code 2016, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 11. a. An official or governing authority 28 of a city shall not limit or restrict the enforcement of any 29 federal immigration law to less than the full extent permitted 30 by federal law. 31 b. Except as provided in federal law, an official or 32 governing authority of a city shall not be prohibited or in 33 any way be restricted from sending, receiving, or maintaining 34 information relating to the immigration status, whether lawful 35 -1- LSB 5176YH (3) 86 je/sc 1/ 2

H.F. 2116 or unlawful, of any individual or exchanging that information 1 with any other federal, state, or local governmental entity for 2 the following official purposes: 3 (1) Determining eligibility for any public benefit, 4 service, or license provided by any federal, state, local, or 5 other governmental subdivision of this state. 6 (2) Verifying any claim of residence or domicile by an 7 individual if determination of residence or domicile is 8 required under the laws of this state or a judicial order 9 issued pursuant to a civil or criminal proceeding in this 10 state. 11 (3) If the individual is not a citizen of the United States, 12 determining whether the individual is in compliance with the 13 federal registration laws prescribed by 8 U.S.C. §§1301-1306. 14 (4) Pursuant to 8 U.S.C. §1373 and 8 U.S.C. §1644. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill prohibits an official or governing authority of 19 a county or city from limiting or restricting the enforcement 20 of any federal immigration law to less than the full extent 21 permitted by federal law. 22 The bill also provides that an official or governing 23 authority of a county or city shall not be prohibited or in 24 any way be restricted from sending, receiving, or maintaining 25 information relating to the immigration status, whether lawful 26 or unlawful, of any individual or exchanging that information 27 with any other federal, state, local, or other governmental 28 entity for certain purposes listed in the bill, except as 29 provided in federal law. 30 -2- LSB 5176YH (3) 86 je/sc 2/ 2