House File 2407 - Introduced HOUSE FILE 2407 BY CROKEN , RAMIREZ , and WICHTENDAHL A BILL FOR An Act relating to civil remedies for deprivation of 1 constitutional rights; immigration enforcement limitations 2 in hospitals, licensed child care centers, and public 3 institutions of higher education; and protections against 4 civil arrest at courthouses; and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5830YH (6) 91 lh/jh

H.F. 2407 Section 1. Section 27A.1, Code 2026, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. “Crowd control equipment” includes 3 but is not limited to kinetic impact projectiles; compressed 4 air launchers; oleoresin capsicum spray, CS gas, CN gas, or 5 other chemical irritants; forty millimeter munitions launchers; 6 less-lethal shotguns; less-lethal specialty impact-chemical 7 munitions; controlled noise and light distraction devices; and 8 electronic control weapons. 9 NEW SUBSECTION . 001. “Facial covering” means any opaque 10 mask, garment, helmet, headgear, or other item that conceals or 11 obscures the facial identity of an individual, including but 12 not limited to a balaclava, tactical mask, gaiter mask, ski 13 mask, or any similar type of facial covering or face-shielding 14 item. “Facial covering” does not include a medical grade mask 15 designed to prevent the transmission of diseases, a facial 16 covering designed to protect against exposure to smoke during 17 a state of emergency related to wildfires, or protective gear 18 used by special weapons and tactics team officers necessary to 19 protect an officer’s face while performing official duties. 20 NEW SUBSECTION . 1A. “Immigration enforcement” means 21 enforcement of immigration law and does not include actions 22 taken by a peace officer acting within the officer’s lawful 23 authority under the law of this state. 24 Sec. 2. NEW SECTION . 27A.12 Immigration enforcement —— 25 civil action. 26 1. A person may bring a civil action for damages and 27 injunctive relief against any person who, while conducting 28 immigration enforcement, knowingly engages in conduct 29 that violates the Constitution of the State of Iowa or the 30 Constitution of the United States. 31 2. Qualified immunity is a defense to liability under this 32 section. 33 3. If a plaintiff seeks punitive damages against a defendant 34 who committed a violation of this section while acting under 35 -1- LSB 5830YH (6) 91 lh/jh 1/ 13

H.F. 2407 federal, state, or local law, the court shall consider in 1 determining the reprehensibility of the defendant’s conduct the 2 following factors: 3 a. Whether the defendant wore a facial covering while 4 committing the violation. 5 b. Whether the defendant was a law enforcement officer 6 at the time of the violation who failed to identify as a law 7 enforcement officer either by wearing an identifying insignia, 8 such as a badge, agency logo, or patch, or by providing his or 9 her name, badge or identification number, and the employing 10 agency. 11 c. Whether the defendant was a law enforcement officer at 12 the time of the violation who was required by state or federal 13 law or regulation or agency policy to use an officer-worn body 14 camera during the activity that gave rise to the violation and 15 failed to do so. 16 d. Whether the defendant operated or used a motor vehicle 17 without a license plate or with a non-Iowa license plate. 18 e. Whether the defendant used crowd control equipment at the 19 time of the violation. 20 f. Whether the defendant intentionally violated or failed 21 to comply with any material term of a court order or consent 22 decree in effect at the time of the violation. 23 4. The court shall award reasonable attorney fees and costs 24 to a prevailing plaintiff in an action brought under this 25 section. 26 Sec. 3. NEW SECTION . 135B.41 Patient privacy in hospitals 27 —— law enforcement agents. 28 1. As used in this section, unless the context otherwise 29 requires: 30 a. “Administrative volunteer” means an individual who 31 serves as a volunteer at a hospital in only an administrative 32 capacity. 33 b. “Law enforcement agent” means an agent of federal, 34 state, or local law enforcement authorized to arrest or detain 35 -2- LSB 5830YH (6) 91 lh/jh 2/ 13

H.F. 2407 individuals or manage the custody of detained individuals for 1 the enforcement of laws relating to aliens, immigrants, or 2 immigration. 3 c. “Patient” means a person who has received or is receiving 4 medical care, treatment, or services from an individual or 5 institution licensed in this state. 6 2. On or before January 1, 2027, a hospital shall adopt and 7 implement policies governing integrations with law enforcement 8 agents, including but not limited to the following: 9 a. Designation of a contact, who shall be hospital legal 10 counsel or an administrative designee, to respond to law 11 enforcement presence or requests. 12 b. Procedures to verify and document the identity and 13 authority of law enforcement agents, including best efforts to 14 record the agent’s name, agency, and badge number. 15 c. Procedures designating areas where law enforcement 16 agents may remain while the hospital verifies compliance with 17 applicable law, including confirmation of a valid judicial 18 warrant or court order or a request by hospital staff related 19 to safety or security. 20 d. Procedures ensuring patients receive notice of privacy 21 practices consistent with 45 C.F.R. §164.520 and an opportunity 22 to authorize disclosures to designated persons. 23 e. Procedures ensuring protected health information is 24 disclosed only in strict compliance with applicable law, 25 including the Health Insurance Portability and Accountability 26 Act of 1996 and its implementing regulations. 27 f. A requirement that protected health information may 28 be disclosed to a law enforcement agent only pursuant to a 29 valid subpoena, order, or warrant issued by a federal judge or 30 magistrate. 31 g. Training requirements for hospital staff, contractors, 32 security personnel, administrative volunteers, and designated 33 contact persons. 34 h. A prohibition on retaliation against any patient, 35 -3- LSB 5830YH (6) 91 lh/jh 3/ 13

H.F. 2407 employee, or agent for filing a complaint under this section. 1 3. a. A hospital shall submit the policies required under 2 subsection 2 to the department of health and human services by 3 January 1, 2027. 4 b. By January 16, 2027, the department of health and human 5 services shall notify a hospital that has failed to provide a 6 copy of the policy required under subsection 2. A hospital 7 shall have seven days to submit a copy of the hospital’s 8 policies. The department of health and human services may 9 impose a civil penalty of up to five hundred dollars per day 10 for failure to submit policies after notice and an opportunity 11 to cure. 12 4. Hospital personnel, including administrative volunteers, 13 are not subject to civil or criminal liability for reasonable 14 compliance with this section. 15 5. This section does not affect mandatory reporting 16 obligations or responses to suspected criminal activity on 17 hospital premises. 18 Sec. 4. Section 237A.2, subsection 1, Code 2026, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . d. The center complies with section 237A.7A. 21 Sec. 5. NEW SECTION . 237A.7A Confidential information —— 22 immigration enforcement protections. 23 1. As used in this section, unless the context otherwise 24 requires: 25 a. “Citizenship or immigration status” means matters relating 26 to citizenship or lawful presence, including nationality, 27 country of citizenship, or status as an international student. 28 b. “Immigration enforcement action” includes an arrest or 29 detention for the purposes of civil immigration enforcement. 30 c. “Law enforcement agent” means an agent of federal, 31 state, or local law enforcement authorized to arrest or detain 32 individuals or manage the custody of detained individuals for 33 the enforcement of laws relating to aliens, immigrants, or 34 immigration. 35 -4- LSB 5830YH (6) 91 lh/jh 4/ 13

H.F. 2407 2. A licensed child care center shall not disclose 1 information regarding the actual or perceived citizenship or 2 immigration status of a child or associated person unless 3 required by law. 4 3. This section shall not limit information sharing 5 permitted under 8 U.S.C. §1373 and 1644. 6 4. This section does not affect mandatory reporting 7 obligations or emergency interactions with law enforcement. 8 5. The department shall make available on the department’s 9 internet site resources for families, including information 10 relating to constitutional rights of families and family 11 preparedness plans. 12 6. If a child’s parent or guardian faces immigration 13 enforcement action, the licensed child care center shall 14 contact and release the child to the persons designated as the 15 child’s emergency contacts. 16 7. On or before January 1, 2027, a licensed child care 17 center shall adopt policies including all of the following: 18 a. A written plan of action for interacting with law 19 enforcement agents that shall be shared with a child’s parent 20 or guardian and includes the following: 21 (1) Designation of spaces deemed to be private within the 22 facility. 23 (2) Designation of the licensed child care center director 24 or the center director’s designee to serve as the primary point 25 of contact for interacting with law enforcement agents. 26 (3) Procedures a licensed child care center’s primary point 27 of contact shall follow to respond and review any request for 28 entry by law enforcement, including judicial warrants, orders, 29 and subpoenas. 30 b. Procedures for notifying and seeking written consent 31 from a child’s parent or guardian if a law enforcement agent 32 requests access to personally identifiable information from 33 the child’s records, unless such access is in compliance with 34 a judicial warrant or order or a subpoena that restricts 35 -5- LSB 5830YH (6) 91 lh/jh 5/ 13

H.F. 2407 the disclosure of the information to the child’s parent or 1 guardian. 2 c. Procedures to update emergency contacts for families 3 enrolled at the licensed child care center biannually. 4 d. Procedures to notify within a reasonable time period 5 parents or guardians and the department if immigration 6 enforcement action occurs at the licensed child care center. 7 e. An update to the licensed child care center’s late 8 pick-up policy to include the degree of diligence the licensed 9 child care center will use to reach a child’s emergency 10 contacts, including the number of attempted phone calls to 11 parents and emergency contacts and any requests for police 12 assistance in finding a child’s emergency contact. 13 Sec. 6. Section 262.9, Code 2026, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 43. a. On or before January 1, 2027, 16 direct the institutions of higher education under its control 17 to adopt policies that restrict an institution from doing the 18 following: 19 (1) Threatening or disclosing actual or perceived 20 citizenship or immigration status of an employee, a student, or 21 a person associated with an employee or student to an external 22 party, including immigration or law enforcement agencies. 23 (2) Knowingly disclosing, without the consent of the 24 employee or student, anything related to the perceived 25 citizenship or immigration status of an employee, a student, 26 or a person associated with an employee or student to an 27 external party, including immigration or law enforcement 28 agencies, if the institution does not have direct knowledge 29 of the employee’s, student’s, or associated person’s actual 30 citizenship or immigration status, subject to the requirements 31 of this subsection. 32 (3) Knowingly disclosing, without the consent of the 33 employee or student, anything related to the actual citizenship 34 or immigration status of an employee, a student, or a person 35 -6- LSB 5830YH (6) 91 lh/jh 6/ 13

H.F. 2407 associated with an employee or student to any other person or 1 nongovernmental entity if the institution has direct knowledge 2 of the employee’s, student’s, or associated person’s actual 3 citizenship or immigration status, subject to the requirements 4 of this subsection. 5 (4) Designating immigration status, citizenship, place 6 of birth, nationality, or national origin as directory 7 information. 8 (5) Impeding students or employees from offering, 9 attending, or participating in training on constitutional 10 rights and immigration-related guidance, including but not 11 limited to attending know-your-rights training or sharing 12 know-your-rights flyers. 13 b. On or before January 1, 2027, direct the institutions 14 of higher education under its control to adopt procedures for 15 reviewing and authorizing requests from law enforcement agents 16 attempting to enter an institution’s campus, including the 17 following: 18 (1) Procedures for reviewing and contacting a designated 19 authorized person, office, or department at the institution 20 or institution facility, which person, office, or department 21 may contact the institution’s legal counsel, and procedures 22 for that authorized person, office, or department or legal 23 counsel to review requests to enter an institution’s campus, 24 including judicial warrants or orders, nonjudicial warrants, 25 and subpoenas. 26 (2) Procedures for documenting all interactions with law 27 enforcement agents on the institution’s campus. 28 (3) Procedures for notifying and seeking consent from 29 an employee or student if a law enforcement agent requests 30 access to the employee or student for immigration enforcement 31 purposes, unless such consent is prohibited by a judicial 32 warrant or subpoena. 33 c. This subsection shall not be construed to do any of the 34 following: 35 -7- LSB 5830YH (6) 91 lh/jh 7/ 13

H.F. 2407 (1) Prohibit an institution from complying with all 1 applicable state and federal laws and rules. 2 (2) Prohibit or restrict an institution from sending to 3 or receiving from the United States department of homeland 4 security or any other federal, state, or local governmental 5 entity information regarding the citizenship or immigration 6 status of an individual under 8 U.S.C. §1373 and 1644. 7 (3) Permit the disclosure of personally identifiable 8 education records, as that term is defined by state or federal 9 law, or information from those records without complying with 10 state and federal laws and rules governing the disclosure of 11 such records or information. 12 (4) Prohibit institutions from complying with valid 13 judicial warrants, orders, or subpoenas. 14 (5) Prohibit or restrict an institution from disclosing 15 information necessary to respond to an administrative complaint 16 or litigation brought against or by the institution. 17 d. On or before January 1, 2027, direct the institutions of 18 higher education under its control to adopt policies, including 19 the following: 20 (1) Procedures for providing information on the 21 institution’s website about whom employees and students 22 should contact if a law enforcement agent seeks to enter the 23 institution’s campus, enters the institution’s campus, or 24 engages in nonconsensual interactions with members of the 25 institution’s community, including employees or students. 26 (2) Procedures to provide immigration enforcement resources 27 on the institution’s internet site to help students and 28 employees understand their constitutional rights and access 29 immigration-related guidance. 30 (3) Procedures to determine if an immigration enforcement 31 activity is occurring or has occurred on the institution’s 32 campus, including verification of the first and last 33 name, employer or agency, and badge number of the lead law 34 enforcement agent, if possible. 35 -8- LSB 5830YH (6) 91 lh/jh 8/ 13

H.F. 2407 (4) Procedures to provide notification to employees 1 and students if the institution confirms that immigration 2 enforcement activity is occurring or has occurred on the 3 institution’s campus that, in the judgment of the institution’s 4 law enforcement or the institution’s public safety office, 5 could adversely impact the institution’s safety or operations. 6 e. Beginning January 1, 2027, any party aggrieved by conduct 7 that violates this subsection may bring a civil action for 8 damages, injunctive relief, or attorney fees and costs. 9 f. A civil action shall be brought no later than two years 10 after the violation of this subsection or two years from the 11 date the aggrieved party becomes aware of the violation of this 12 subsection, whichever is later. 13 g. If the court finds that a willful violation of this 14 subsection has occurred, the court may award actual damages. 15 h. For purposes of this subsection: 16 (1) “Citizenship or immigration status” means matters 17 relating to citizenship or lawful presence, including 18 nationality, country of citizenship, or status as an 19 international student. 20 (2) “Employee” means a full-time or part-time faculty 21 member, staff member, executive leader, supervisor, clerical 22 person, student, or contracted member of personnel employed 23 by an institution whose role involves direct, routine, or 24 meaningful interaction with students to support their academic 25 progress, personal development, or well-being. 26 (3) “Law enforcement agent” means an agent of federal, 27 state, or local law enforcement authorized with the power 28 to arrest or detain individuals, or manage the custody of 29 detained individuals, for civil immigration enforcement. 30 “Law enforcement agent” does not include an agent of a police 31 department for a public institution of higher education. 32 (4) “Nonjudicial warrant” means a warrant issued by a 33 federal, state, or local governmental agency authorized to 34 arrest or detain individuals or manage the custody of detained 35 -9- LSB 5830YH (6) 91 lh/jh 9/ 13

H.F. 2407 individuals for any law enforcement purpose, including civil 1 immigration enforcement. “Nonjudicial warrant” includes 2 an immigration detainer request defined in section 27A.1. 3 “Nonjudicial warrant” does not include a criminal warrant issued 4 upon a judicial determination of probable cause. 5 Sec. 7. NEW SECTION . 804.32 Arrest protections for court 6 participants. 7 1. As used in this section, unless the context otherwise 8 requires: 9 a. “Civil arrest” means an arrest that is not a criminal 10 arrest supported by probable cause or a judicial warrant. 11 b. “Court companion” means an individual supporting, 12 assisting, or accompanying a person who is going to, remaining 13 at, or returning from a court proceeding. 14 2. An individual attending a court proceeding in good faith 15 as a party, witness, potential witness, or court companion 16 is privileged from civil arrest at the place of the court 17 proceedings; within the courthouse building; on the premises 18 of the courthouse including parking facilities serving the 19 courthouse; on any sidewalk, parkway, and street surrounding 20 the courthouse; and on any public way within one thousand feet 21 of the courthouse including a sidewalk, parkway, or street. 22 3. This section does not preclude criminal arrests 23 supported by probable cause or a judicial warrant. 24 4. A court may issue any order necessary to protect the 25 privilege provided by this section. 26 5. An individual may bring a civil action for false 27 imprisonment against any person who knew or reasonably should 28 have known that the person arrested is a person attending a 29 court proceeding in good faith as a party, witness, potential 30 witness, or court companion. A court may grant any of the 31 following remedies: 32 a. Damages, including actual damages of ten thousand 33 dollars. 34 b. Injunctive relief. 35 -10- LSB 5830YH (6) 91 lh/jh 10/ 13

H.F. 2407 c. Any other equitable or declaratory relief the court deems 1 necessary. 2 d. Costs and reasonable attorney fees. 3 6. An action or proceeding shall not be commenced under 4 this section against the judicial branch or any court employees 5 acting lawfully to maintain safety and order in the courts. 6 7. This section does not affect any right or defense, 7 including any existing qualified immunity defense, of any 8 person, police officer, peace officer or public officer, or any 9 court system personnel acting lawfully. 10 Sec. 8. SEVERABILITY. The provisions of this Act are 11 severable pursuant to section 4.12. 12 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate 13 importance, takes effect upon enactment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to civil remedies for deprivation of 18 constitutional rights; immigration enforcement limitations in 19 hospitals, licensed child care centers, and public institutions 20 of higher education; and protections against civil arrest at 21 courthouses. 22 The bill creates a civil cause of action for damages and 23 injunctive relief against a person who knowingly violates 24 the Constitution of the State of Iowa or the Constitution of 25 the United States while conducting immigration enforcement. 26 Qualified immunity is preserved as a defense. If punitive 27 damages are sought, the court is directed to consider specified 28 factors relating to the reprehensibility of the defendant’s 29 conduct, including the use of facial coverings, failure to 30 identify as law enforcement, failure to use required body-worn 31 cameras, use of certain vehicles or crowd control equipment, 32 and violations of court orders or consent decrees. The court 33 is required to award reasonable attorney fees and costs to a 34 prevailing plaintiff. 35 -11- LSB 5830YH (6) 91 lh/jh 11/ 13

H.F. 2407 The bill requires hospitals, by January 1, 2027, to adopt and 1 implement policies governing patient privacy in hospitals when 2 interacting with law enforcement agents engaged in immigration 3 enforcement, including the designation of a contact person, 4 procedures for verifying and documenting law enforcement 5 authority, limitations on law enforcement presence absent 6 valid legal process or safety needs, compliance with state 7 and federal health privacy laws, training requirements, and 8 a prohibition on retaliation. Hospitals must submit the 9 policies to the department of health and human services, and 10 the department may impose civil penalties for a hospital’s 11 failure to comply. Hospital personnel are granted immunity 12 from liability for reasonable compliance. The bill provides 13 that mandatory reporting obligations and responses to suspected 14 criminal activity are not affected. 15 The bill amends Code section 237A.2 (licensing of child care 16 centers) to require licensed child care centers to comply with 17 new Code section 237A.7A as a condition of licensure. 18 The bill creates new Code section 237A.7A to limit the 19 disclosure of citizenship or immigration status information by 20 licensed child care centers. The bill prohibits disclosure 21 of actual or perceived immigration status of a child or 22 associated person unless required by law, while preserving 23 information sharing permitted under federal law. The bill does 24 not affect mandatory reporting or emergency interactions with 25 law enforcement. The bill requires the department of health 26 and human services to make family-focused resources available 27 online including a family’s constitutional rights and family 28 preparedness plans. By January 1, 2027, child care centers 29 must adopt policies addressing law enforcement interactions, 30 parental notification, emergency contacts, and late pick-up 31 procedures. 32 The bill requires the board of regents to direct public 33 institutions of higher education to adopt policies limiting 34 disclosure of citizenship or immigration status information, 35 -12- LSB 5830YH (6) 91 lh/jh 12/ 13

H.F. 2407 restricting the designation of such information as directory 1 information, and protecting participation in constitutional 2 rights and immigration-related training. Institutions are 3 required to adopt procedures governing law enforcement access 4 to campus, documentation of interactions, consent requirements, 5 and public notice and resource availability. The bill 6 creates a private right of action for violations, subject to a 7 limitations period and remedies specified in the bill. 8 The bill establishes protections against civil arrest 9 for individuals attending court proceedings in good faith, 10 including parties, witnesses, potential witnesses, and 11 court companions. The protections apply while traveling to, 12 attending, and returning from court, including areas in and 13 around the courthouse. Criminal arrests supported by probable 14 cause or judicial warrants are not affected by the bill. The 15 bill provides that a person may bring a civil action for false 16 imprisonment against any person who knew or reasonably should 17 have known that the person arrested is a person attending a 18 court proceeding in good faith as a party, witness, potential 19 witness, or court companion. The judicial branch and court 20 employees acting lawfully are exempt, and existing defenses, 21 including qualified immunity, are preserved. 22 The bill takes effect upon enactment. 23 -13- LSB 5830YH (6) 91 lh/jh 13/ 13