HF 2407 (LSB 5830YH (6) 91)

HOUSE FILE 2407

BY  CROKEN, RAMIREZ, and WICHTENDAHL

A BILL FOR

An Act relating to civil remedies for deprivation of constitutional rights; immigration enforcement limitations in hospitals, licensed child care centers, and public institutions of higher education; and protections against civil arrest at courthouses; and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 27A.1, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Crowd control equipment” includes but is not limited to kinetic impact projectiles; compressed air launchers; oleoresin capsicum spray, CS gas, CN gas, or other chemical irritants; forty millimeter munitions launchers; less-lethal shotguns; less-lethal specialty impact-chemical munitions; controlled noise and light distraction devices; and electronic control weapons.
   NEW SUBSECTION.  001.  “Facial covering” means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual, including but not limited to a balaclava, tactical mask, gaiter mask, ski mask, or any similar type of facial covering or face-shielding item. “Facial covering” does not include a medical grade mask designed to prevent the transmission of diseases, a facial covering designed to protect against exposure to smoke during a state of emergency related to wildfires, or protective gear used by special weapons and tactics team officers necessary to protect an officer’s face while performing official duties.
   NEW SUBSECTION.  1A.  “Immigration enforcement” means enforcement of immigration law and does not include actions taken by a peace officer acting within the officer’s lawful authority under the law of this state.
    Sec. 2.  NEW SECTION.  27A.12  Immigration enforcement —— civil action.
   1.  A person may bring a civil action for damages and injunctive relief against any person who, while conducting immigration enforcement, knowingly engages in conduct that violates the Constitution of the State of Iowa or the Constitution of the United States.
   2.  Qualified immunity is a defense to liability under this section.
   3.  If a plaintiff seeks punitive damages against a defendant who committed a violation of this section while acting under federal, state, or local law, the court shall consider in determining the reprehensibility of the defendant’s conduct the following factors:
   a.  Whether the defendant wore a facial covering while committing the violation.
   b.  Whether the defendant was a law enforcement officer at the time of the violation who failed to identify as a law enforcement officer either by wearing an identifying insignia, such as a badge, agency logo, or patch, or by providing his or her name, badge or identification number, and the employing agency.
   c.  Whether the defendant was a law enforcement officer at the time of the violation who was required by state or federal law or regulation or agency policy to use an officer-worn body camera during the activity that gave rise to the violation and failed to do so.
   d.  Whether the defendant operated or used a motor vehicle without a license plate or with a non-Iowa license plate.
   e.  Whether the defendant used crowd control equipment at the time of the violation.
   f.  Whether the defendant intentionally violated or failed to comply with any material term of a court order or consent decree in effect at the time of the violation.
   4.  The court shall award reasonable attorney fees and costs to a prevailing plaintiff in an action brought under this section.
    Sec. 3.  NEW SECTION.  135B.41  Patient privacy in hospitals —— law enforcement agents.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Administrative volunteer” means an individual who serves as a volunteer at a hospital in only an administrative capacity.
   b.  “Law enforcement agent” means an agent of federal, state, or local law enforcement authorized to arrest or detain individuals or manage the custody of detained individuals for the enforcement of laws relating to aliens, immigrants, or immigration.
   c.  “Patient” means a person who has received or is receiving medical care, treatment, or services from an individual or institution licensed in this state.
   2.  On or before January 1, 2027, a hospital shall adopt and implement policies governing integrations with law enforcement agents, including but not limited to the following:
   a.  Designation of a contact, who shall be hospital legal counsel or an administrative designee, to respond to law enforcement presence or requests.
   b.  Procedures to verify and document the identity and authority of law enforcement agents, including best efforts to record the agent’s name, agency, and badge number.
   c.  Procedures designating areas where law enforcement agents may remain while the hospital verifies compliance with applicable law, including confirmation of a valid judicial warrant or court order or a request by hospital staff related to safety or security.
   d.  Procedures ensuring patients receive notice of privacy practices consistent with 45 C.F.R. §164.520 and an opportunity to authorize disclosures to designated persons.
   e.  Procedures ensuring protected health information is disclosed only in strict compliance with applicable law, including the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.
   f.  A requirement that protected health information may be disclosed to a law enforcement agent only pursuant to a valid subpoena, order, or warrant issued by a federal judge or magistrate.
   g.  Training requirements for hospital staff, contractors, security personnel, administrative volunteers, and designated contact persons.
   h.  A prohibition on retaliation against any patient, employee, or agent for filing a complaint under this section.
   3.  a.  A hospital shall submit the policies required under subsection 2 to the department of health and human services by January 1, 2027.
   b.  By January 16, 2027, the department of health and human services shall notify a hospital that has failed to provide a copy of the policy required under subsection 2. A hospital shall have seven days to submit a copy of the hospital’s policies. The department of health and human services may impose a civil penalty of up to five hundred dollars per day for failure to submit policies after notice and an opportunity to cure.
   4.  Hospital personnel, including administrative volunteers, are not subject to civil or criminal liability for reasonable compliance with this section.
   5.  This section does not affect mandatory reporting obligations or responses to suspected criminal activity on hospital premises.
    Sec. 4.  Section 237A.2, subsection 1, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The center complies with section 237A.7A.
    Sec. 5.  NEW SECTION.  237A.7A  Confidential information —— immigration enforcement protections.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Citizenship or immigration status” means matters relating to citizenship or lawful presence, including nationality, country of citizenship, or status as an international student.
   b.  “Immigration enforcement action” includes an arrest or detention for the purposes of civil immigration enforcement.
   c.  “Law enforcement agent” means an agent of federal, state, or local law enforcement authorized to arrest or detain individuals or manage the custody of detained individuals for the enforcement of laws relating to aliens, immigrants, or immigration.
   2.  A licensed child care center shall not disclose information regarding the actual or perceived citizenship or immigration status of a child or associated person unless required by law.
   3.  This section shall not limit information sharing permitted under 8 U.S.C. §1373 and 1644.
   4.  This section does not affect mandatory reporting obligations or emergency interactions with law enforcement.
   5.  The department shall make available on the department’s internet site resources for families, including information relating to constitutional rights of families and family preparedness plans.
   6.  If a child’s parent or guardian faces immigration enforcement action, the licensed child care center shall contact and release the child to the persons designated as the child’s emergency contacts.
   7.  On or before January 1, 2027, a licensed child care center shall adopt policies including all of the following:
   a.  A written plan of action for interacting with law enforcement agents that shall be shared with a child’s parent or guardian and includes the following:
   (1)  Designation of spaces deemed to be private within the facility.
   (2)  Designation of the licensed child care center director or the center director’s designee to serve as the primary point of contact for interacting with law enforcement agents.
   (3)  Procedures a licensed child care center’s primary point of contact shall follow to respond and review any request for entry by law enforcement, including judicial warrants, orders, and subpoenas.
   b.  Procedures for notifying and seeking written consent from a child’s parent or guardian if a law enforcement agent requests access to personally identifiable information from the child’s records, unless such access is in compliance with a judicial warrant or order or a subpoena that restricts the disclosure of the information to the child’s parent or guardian.
   c.  Procedures to update emergency contacts for families enrolled at the licensed child care center biannually.
   d.  Procedures to notify within a reasonable time period parents or guardians and the department if immigration enforcement action occurs at the licensed child care center.
   e.  An update to the licensed child care center’s late pick-up policy to include the degree of diligence the licensed child care center will use to reach a child’s emergency contacts, including the number of attempted phone calls to parents and emergency contacts and any requests for police assistance in finding a child’s emergency contact.
    Sec. 6.  Section 262.9, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  43.  a.  On or before January 1, 2027, direct the institutions of higher education under its control to adopt policies that restrict an institution from doing the following:
   (1)  Threatening or disclosing actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies.
   (2)  Knowingly disclosing, without the consent of the employee or student, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies, if the institution does not have direct knowledge of the employee’s, student’s, or associated person’s actual citizenship or immigration status, subject to the requirements of this subsection.
   (3)  Knowingly disclosing, without the consent of the employee or student, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the institution has direct knowledge of the employee’s, student’s, or associated person’s actual citizenship or immigration status, subject to the requirements of this subsection.
   (4)  Designating immigration status, citizenship, place of birth, nationality, or national origin as directory information.
   (5)  Impeding students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance, including but not limited to attending know-your-rights training or sharing know-your-rights flyers.
   b.  On or before January 1, 2027, direct the institutions of higher education under its control to adopt procedures for reviewing and authorizing requests from law enforcement agents attempting to enter an institution’s campus, including the following:
   (1)  Procedures for reviewing and contacting a designated authorized person, office, or department at the institution or institution facility, which person, office, or department may contact the institution’s legal counsel, and procedures for that authorized person, office, or department or legal counsel to review requests to enter an institution’s campus, including judicial warrants or orders, nonjudicial warrants, and subpoenas.
   (2)  Procedures for documenting all interactions with law enforcement agents on the institution’s campus.
   (3)  Procedures for notifying and seeking consent from an employee or student if a law enforcement agent requests access to the employee or student for immigration enforcement purposes, unless such consent is prohibited by a judicial warrant or subpoena.
   c.  This subsection shall not be construed to do any of the following:
   (1)  Prohibit an institution from complying with all applicable state and federal laws and rules.
   (2)  Prohibit or restrict an institution from sending to or receiving from the United States department of homeland security or any other federal, state, or local governmental entity information regarding the citizenship or immigration status of an individual under 8 U.S.C. §1373 and 1644.
   (3)  Permit the disclosure of personally identifiable education records, as that term is defined by state or federal law, or information from those records without complying with state and federal laws and rules governing the disclosure of such records or information.
   (4)  Prohibit institutions from complying with valid judicial warrants, orders, or subpoenas.
   (5)  Prohibit or restrict an institution from disclosing information necessary to respond to an administrative complaint or litigation brought against or by the institution.
   d.  On or before January 1, 2027, direct the institutions of higher education under its control to adopt policies, including the following:
   (1)  Procedures for providing information on the institution’s website about whom employees and students should contact if a law enforcement agent seeks to enter the institution’s campus, enters the institution’s campus, or engages in nonconsensual interactions with members of the institution’s community, including employees or students.
   (2)  Procedures to provide immigration enforcement resources on the institution’s internet site to help students and employees understand their constitutional rights and access immigration-related guidance.
   (3)  Procedures to determine if an immigration enforcement activity is occurring or has occurred on the institution’s campus, including verification of the first and last name, employer or agency, and badge number of the lead law enforcement agent, if possible.
   (4)  Procedures to provide notification to employees and students if the institution confirms that immigration enforcement activity is occurring or has occurred on the institution’s campus that, in the judgment of the institution’s law enforcement or the institution’s public safety office, could adversely impact the institution’s safety or operations.
   e.  Beginning January 1, 2027, any party aggrieved by conduct that violates this subsection may bring a civil action for damages, injunctive relief, or attorney fees and costs.
   f.  A civil action shall be brought no later than two years after the violation of this subsection or two years from the date the aggrieved party becomes aware of the violation of this subsection, whichever is later.
   g.  If the court finds that a willful violation of this subsection has occurred, the court may award actual damages.
   h.  For purposes of this subsection:
   (1)  “Citizenship or immigration status” means matters relating to citizenship or lawful presence, including nationality, country of citizenship, or status as an international student.
   (2)  “Employee” means a full-time or part-time faculty member, staff member, executive leader, supervisor, clerical person, student, or contracted member of personnel employed by an institution whose role involves direct, routine, or meaningful interaction with students to support their academic progress, personal development, or well-being.
   (3)  “Law enforcement agent” means an agent of federal, state, or local law enforcement authorized with the power to arrest or detain individuals, or manage the custody of detained individuals, for civil immigration enforcement. “Law enforcement agent” does not include an agent of a police department for a public institution of higher education.
   (4)  “Nonjudicial warrant” means a warrant issued by a federal, state, or local governmental agency authorized to arrest or detain individuals or manage the custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. “Nonjudicial warrant” includes an immigration detainer request defined in section 27A.1.  “Nonjudicial warrant” does not include a criminal warrant issued upon a judicial determination of probable cause.
    Sec. 7.  NEW SECTION.  804.32  Arrest protections for court participants.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Civil arrest” means an arrest that is not a criminal arrest supported by probable cause or a judicial warrant.
   b.  “Court companion” means an individual supporting, assisting, or accompanying a person who is going to, remaining at, or returning from a court proceeding.
   2.  An individual attending a court proceeding in good faith as a party, witness, potential witness, or court companion is privileged from civil arrest at the place of the court proceedings; within the courthouse building; on the premises of the courthouse including parking facilities serving the courthouse; on any sidewalk, parkway, and street surrounding the courthouse; and on any public way within one thousand feet of the courthouse including a sidewalk, parkway, or street.
   3.  This section does not preclude criminal arrests supported by probable cause or a judicial warrant.
   4.  A court may issue any order necessary to protect the privilege provided by this section.
   5.  An individual may bring a civil action for false imprisonment against any person who knew or reasonably should have known that the person arrested is a person attending a court proceeding in good faith as a party, witness, potential witness, or court companion. A court may grant any of the following remedies:
   a.  Damages, including actual damages of ten thousand dollars.
   b.  Injunctive relief.
   c.  Any other equitable or declaratory relief the court deems necessary.
   d.  Costs and reasonable attorney fees.
   6.  An action or proceeding shall not be commenced under this section against the judicial branch or any court employees acting lawfully to maintain safety and order in the courts.
   7.  This section does not affect any right or defense, including any existing qualified immunity defense, of any person, police officer, peace officer or public officer, or any court system personnel acting lawfully.
    Sec. 8.  SEVERABILITY.  The provisions of this Act are severable pursuant to section 4.12.
    Sec. 9.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to civil remedies for deprivation of constitutional rights; immigration enforcement limitations in hospitals, licensed child care centers, and public institutions of higher education; and protections against civil arrest at courthouses.
   The bill creates a civil cause of action for damages and injunctive relief against a person who knowingly violates the Constitution of the State of Iowa or the Constitution of the United States while conducting immigration enforcement. Qualified immunity is preserved as a defense. If punitive damages are sought, the court is directed to consider specified factors relating to the reprehensibility of the defendant’s conduct, including the use of facial coverings, failure to identify as law enforcement, failure to use required body-worn cameras, use of certain vehicles or crowd control equipment, and violations of court orders or consent decrees. The court is required to award reasonable attorney fees and costs to a prevailing plaintiff.
   The bill requires hospitals, by January 1, 2027, to adopt and implement policies governing patient privacy in hospitals when interacting with law enforcement agents engaged in immigration enforcement, including the designation of a contact person, procedures for verifying and documenting law enforcement authority, limitations on law enforcement presence absent valid legal process or safety needs, compliance with state and federal health privacy laws, training requirements, and a prohibition on retaliation. Hospitals must submit the policies to the department of health and human services, and the department may impose civil penalties for a hospital’s failure to comply. Hospital personnel are granted immunity from liability for reasonable compliance. The bill provides that mandatory reporting obligations and responses to suspected criminal activity are not affected.
   The bill amends Code section 237A.2 (licensing of child care centers) to require licensed child care centers to comply with new Code section 237A.7A as a condition of licensure.
   The bill creates new Code section 237A.7A to limit the disclosure of citizenship or immigration status information by licensed child care centers. The bill prohibits disclosure of actual or perceived immigration status of a child or associated person unless required by law, while preserving information sharing permitted under federal law. The bill does not affect mandatory reporting or emergency interactions with law enforcement. The bill requires the department of health and human services to make family-focused resources available online including a family’s constitutional rights and family preparedness plans. By January 1, 2027, child care centers must adopt policies addressing law enforcement interactions, parental notification, emergency contacts, and late pick-up procedures.
   The bill requires the board of regents to direct public institutions of higher education to adopt policies limiting disclosure of citizenship or immigration status information, restricting the designation of such information as directory information, and protecting participation in constitutional rights and immigration-related training. Institutions are required to adopt procedures governing law enforcement access to campus, documentation of interactions, consent requirements, and public notice and resource availability. The bill creates a private right of action for violations, subject to a limitations period and remedies specified in the bill.
   The bill establishes protections against civil arrest for individuals attending court proceedings in good faith, including parties, witnesses, potential witnesses, and court companions. The protections apply while traveling to, attending, and returning from court, including areas in and around the courthouse. Criminal arrests supported by probable cause or judicial warrants are not affected by the bill. The bill provides that a person may bring a civil action for false imprisonment against any person who knew or reasonably should have known that the person arrested is a person attending a court proceeding in good faith as a party, witness, potential witness, or court companion. The judicial branch and court employees acting lawfully are exempt, and existing defenses, including qualified immunity, are preserved.
   The bill takes effect upon enactment.