HF 2219 (LSB 5879YH (3) 87)

HOUSE FILE 2219

BY  STAED

A BILL FOR

An Act providing procedures for responses by local law enforcement agencies to certain requests from United States immigration and customs enforcement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  823.1  Definitions.
   For the purposes of this chapter, unless the context otherwise requires:
   1.  “Hold request” means a request by federal immigration and customs enforcement that a local law enforcement agency maintain custody of an individual currently in the agency’s custody beyond the time the individual would otherwise be eligible for release from custody in order to facilitate transfer to federal immigration and customs enforcement, and includes but is not limited to United States department of homeland security form I-247D.
   2.  “Immigration and customs enforcement access” means access to an individual by United States immigration and customs enforcement for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency. “Immigration and customs enforcement access” includes all of the following:
   a.  Responding to a hold, notification, or transfer request by United States immigration and customs enforcement.
   b.  Providing notification to United States immigration and customs enforcement that an individual is being or will be released at a certain date and time through data sharing or other means in advance of public notification.
   c.  Providing United States immigration and customs enforcement information that is not publicly available regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or other means.
   d.  Allowing United States immigration and customs enforcement to interview an individual.
   e.  Providing United States immigration and customs enforcement information regarding dates and times of probation or parole check-ins.
   3.  “Notification request” means a United States immigration and customs enforcement request that a local law enforcement agency inform United States immigration and customs enforcement of the release date and time of an individual in its custody in advance of public notification and includes but is not limited to United States department of homeland security form I-247N.
   4.  “Transfer request” means a United States immigration and customs enforcement request that a local law enforcement agency facilitate the transfer of an individual in the agency’s custody to the custody of United States immigration and customs enforcement, and includes but is not limited to United States department of homeland security form I-247X.
    Sec. 2.  NEW SECTION.  823.2  Immigration and customs enforcement interviews and request —— procedures.
   1.  A local law enforcement agency shall provide an individual in the agency’s custody with a written notification form in advance of any interview between the individual and United States immigration and customs enforcement regarding a civil immigration violation. The form shall include an explanation of the purpose of the interview, that the interview is voluntary, and that the individual may decline to be interviewed or may choose to be interviewed only with the individual’s attorney present. The written notification form shall be available in English, Spanish, and any other language a local law enforcement agency determines to be appropriate. If a form in an individual’s native language is not available, a local law enforcement agency shall provide for translation of the form into the individual’s native language. A local law enforcement agency shall not delay release of an individual from custody due to the unavailability of a form in the individual’s native language or translation services.
   2.  Upon receiving a hold, notification, or transfer request from United States immigration and customs enforcement, a local law enforcement agency shall provide a copy of the request to the individual who is the subject of the request and inform the individual whether the agency intends to comply with the request. A local law enforcement agency that provides United States immigration and customs enforcement with notification that an individual is being or will be released from custody on a certain date shall promptly provide the same notification in writing to the individual and to either the individual’s attorney or one additional person who the individual may designate.
    Sec. 3.  NEW SECTION.  823.3  Community forum.
   1.  Beginning January 1, 2019, the governing body of any county or city of which a local law enforcement agency has provided immigration and customs enforcement access to an individual during the last year shall hold at least one community forum during the following year. The community forum shall be open to the public in an accessible location with at least thirty days’ notice. The local law enforcement agency shall utilize the community forum to provide information to the public about immigration and customs enforcement access to individuals in the county or city and to receive and consider public comment. 
   2.  As part of the community forum, the local law enforcement agency may provide the governing body of the county or city with data the agency maintains regarding the number and demographic characteristics of individuals to whom the agency has provided immigration and customs enforcement access, the date immigration and customs enforcement access was provided, and whether the immigration and customs enforcement access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted from such records.
    Sec. 4.  NEW SECTION.  823.4  Public records.
   All records relating to immigration and customs enforcement access provided by local law enforcement agencies, including all communication with United States immigration and customs enforcement, shall be public records subject to the provisions of chapter 22. Records relating to immigration and customs enforcement access include but are not limited to data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided immigration and customs enforcement access, the date immigration and customs enforcement access was provided, and whether immigration and customs enforcement access was provided through a hold, transfer, or notification request or through other means.
    Sec. 5.  NEW SECTION.  823.5  Rule of construction —— immigration and customs enforcement hold requests.
   This chapter shall not be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon a United States immigration and customs enforcement hold request.
    Sec. 6.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a local law enforcement agency to provide an individual in the agency’s custody with a written notification form in advance of any interview between the individual and United States immigration and customs enforcement regarding a civil immigration violation. The bill provides that the form shall include an explanation of the purpose of the interview, that the interview is voluntary, and that the individual may decline to be interviewed or may choose to be interviewed only with the individual’s attorney present. The bill provides for the translation of the form into an individual’s native language.
   The bill requires a local law enforcement agency, upon receiving a hold, notification, or transfer request from United States immigration and customs enforcement, to provide a copy of the request to the individual who is the subject of the request and inform the individual whether the agency intends to comply with the request. The bill requires a local law enforcement agency that provides United States immigration and customs enforcement with notification that an individual is being or will be released from custody on a certain date to promptly provide the same notification in writing to the individual and to either the individual’s attorney or one additional person who the individual may designate.
   Beginning January 1, 2019, the bill requires the governing body of any county or city of which a local law enforcement agency has provided immigration and customs enforcement access to an individual during the last year to hold at least one community forum during the following year. The local law enforcement agency shall utilize the community forum to provide information to the public about immigration and customs enforcement access to individuals in the county or city and to receive and consider public comment. The bill authorizes a law enforcement agency to provide the governing body of the county or city with data the agency maintains regarding the number and demographic characteristics of individuals to whom the agency has provided immigration and customs enforcement access as part of the community forum.
   The bill provides that all records relating to immigration and customs enforcement access to individuals provided by local law enforcement agencies, including all communication with United States immigration and customs enforcement, shall be public records subject to the provisions of Code chapter 22, the state public records law. 
   The bill shall not be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon a United States immigration and customs enforcement hold request.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.