HF 2116 (LSB 5176YH (3) 86)

HOUSE FILE 2116

BY  WILLS

A BILL FOR

An Act to prohibit counties and cities from limiting or restricting enforcement of federal immigration laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.304, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  a.  An official or governing authority of a county shall not limit or restrict the enforcement of any federal immigration law to less than the full extent permitted by federal law.
   b.  Except as provided in federal law, an official or governing authority of a county shall not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, whether lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental entity for the following official purposes:
   (1)  Determining eligibility for any public benefit, service, or license provided by any federal, state, local, or other governmental subdivision of this state.
   (2)  Verifying any claim of residence or domicile by an individual if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.
   (3)  If the individual is not a citizen of the United States, determining whether the individual is in compliance with the federal registration laws prescribed by 8 U.S.C. §§1301-1306.
   (4)  Pursuant to 8 U.S.C. §1373 and 8 U.S.C. §1644.
    Sec. 2.  Section 364.3, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  a.  An official or governing authority of a city shall not limit or restrict the enforcement of any federal immigration law to less than the full extent permitted by federal law.
   b.  Except as provided in federal law, an official or governing authority of a city shall not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, whether lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental entity for the following official purposes:
   (1)  Determining eligibility for any public benefit, service, or license provided by any federal, state, local, or other governmental subdivision of this state.
   (2)  Verifying any claim of residence or domicile by an individual if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.
   (3)  If the individual is not a citizen of the United States, determining whether the individual is in compliance with the federal registration laws prescribed by 8 U.S.C. §§1301-1306.
   (4)  Pursuant to 8 U.S.C. §1373 and 8 U.S.C. §1644.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill prohibits an official or governing authority of a county or city from limiting or restricting the enforcement of any federal immigration law to less than the full extent permitted by federal law.
   The bill also provides that an official or governing authority of a county or city shall not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, whether lawful or unlawful, of any individual or exchanging that information with any other federal, state, local, or other governmental entity for certain purposes listed in the bill, except as provided in federal law.