House File 2183 - Introduced HOUSE FILE 2183 BY STAED A BILL FOR An Act concerning contractual relationships between local 1 entities and federal or private entities relating to the 2 housing or detention of noncitizens for purposes of civil 3 immigration custody and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5880YH (2) 87 je/rj

H.F. 2183 Section 1. NEW SECTION . 823.1 Contracts to house or detain 1 noncitizens in locked detention facilities prohibited. 2 A city, county, local law enforcement agency, or any 3 combination thereof shall not enter into a contract with the 4 federal government, any federal agency, or a private entity to 5 house or detain individuals who are not citizens of the United 6 States in a locked detention facility for purposes of civil 7 immigration custody. 8 Sec. 2. NEW SECTION . 823.2 Conveyance, construction, and 9 reuse of real property —— procedures. 10 A city, county, local law enforcement agency, or any 11 combination thereof shall not approve or sign a deed, 12 instrument, or other document relating to a conveyance of 13 real property or issue a permit for the construction or reuse 14 of existing buildings by the federal government, any federal 15 agency, or a private entity to house or detain individuals 16 who are not citizens of the United States for purposes of 17 civil immigration custody unless the city, county, local law 18 enforcement agency, or combination thereof has done all of the 19 following: 20 1. Provided notice to the public of the proposed conveyance 21 or permitting action at least one hundred eighty days before 22 execution of the conveyance or permit. 23 2. Solicited and accepted public comments on the proposed 24 conveyance or permit action in at least two separate meetings 25 open to the public. The city, county, local law enforcement 26 agency, or combination thereof shall give public notice of 27 the time and location of such meetings at least two weeks in 28 advance. 29 Sec. 3. NEW SECTION . 823.3 Public records. 30 Records of any facility that houses or detains an individual 31 who is not a citizen of the United States pursuant to a 32 contract with a city, county, local law enforcement agency, 33 or any combination thereof are public records subject to the 34 provisions of chapter 22. 35 -1- LSB 5880YH (2) 87 je/rj 1/ 3

H.F. 2183 Sec. 4. LIMITATION ON EXPANSION OF EXISTING CONTRACTS. A 1 city, county, local law enforcement agency, or any combination 2 thereof that, as of the effective date of this Act, has an 3 existing contract with the federal government, any federal 4 agency, or a private entity to detain individuals who are not 5 citizens of the United States for purposes of civil immigration 6 custody shall not, on or after the effective date of this Act, 7 renew or modify the contract in a manner that would expand the 8 maximum number of beds or units under the contract that can 9 be utilized to house or detain such individuals in a locked 10 detention facility for purposes of civil immigration custody. 11 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1, 12 2019. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill prohibits a city, county, local law enforcement 17 agency, or any combination thereof from entering into a 18 contract with the federal government, any federal agency, or 19 a private entity to house or detain individuals who are not 20 citizens of the United States in a locked detention facility 21 for purposes of civil immigration custody. 22 The bill prohibits a city, county, local law enforcement 23 agency, or any combination thereof from approving or signing a 24 deed, instrument, or other document relating to a conveyance of 25 real property or issuing a permit for the construction or reuse 26 of existing buildings by the federal government, any federal 27 agency, or a private entity to house or detain individuals 28 who are not citizens of the United States for purposes of 29 civil immigration custody unless the city, county, local law 30 enforcement agency, or combination thereof follows procedures 31 specified in the bill relating to public notice and receiving 32 public comments. 33 The bill provides that records of any facility that houses 34 or detains an individual who is not a citizen of the United 35 -2- LSB 5880YH (2) 87 je/rj 2/ 3

H.F. 2183 States pursuant to a contract with a city, county, local law 1 enforcement agency, or any combination thereof are public 2 records subject to the provisions of Code chapter 22, the state 3 public records law. 4 The bill prohibits a city, county, local law enforcement 5 agency, or any combination thereof that, as of the effective 6 date of the bill, has an existing contract with the federal 7 government, any federal agency, or a private entity to 8 detain individuals who are not citizens of the United States 9 for purposes of civil immigration custody from renewing or 10 modifying the contract on or after the effective date of the 11 bill in a manner that would expand the maximum number of beds 12 or units under the contract that can be utilized to house or 13 detain such individuals in a locked detention facility for 14 purposes of civil immigration custody. 15 The bill takes effect January 1, 2019. 16 -3- LSB 5880YH (2) 87 je/rj 3/ 3