S.F. 481 Section 1. NEW SECTION . 825.1 Definitions. 1 1. “Immigration detainer request” means a federal government 2 request to a local entity to maintain temporary custody of 3 an alien. “Immigration detainer request” includes verbal and 4 written requests, including a United States department of 5 homeland security form I-247 or a similar or successor form. 6 2. “Immigration law” means a law of this state or a federal 7 law relating to aliens, immigrants, or immigration, including 8 but not limited to the federal Immigration and Nationality Act, 9 8 U.S.C. §1101 et seq. 10 3. “Lawful detention” means the detention of a person by a 11 local entity for the investigation of a public offense. “Lawful 12 detention” excludes a detention if the sole reason for the 13 detention is that a person is a victim of or witness to a public 14 offense or is reporting a public offense. 15 4. “Local entity” means the governing body of a city or 16 county. “Local entity” includes an officer or employee of a 17 local entity or a division, department, or other body that is 18 part of a local entity, including but not limited to a sheriff, 19 police department, city attorney, or county attorney. 20 5. “Policy” includes a formal, written rule, policy, 21 procedure, regulation, order, ordinance, motion, resolution, or 22 amendment and an informal, unwritten policy. 23 6. “Public offense” excludes a moving traffic violation 24 under chapter 321. 25 Sec. 2. NEW SECTION . 825.2 Law enforcement agency duties —— 26 immigration detainer requests. 27 A law enforcement agency in this state that has custody of 28 a person subject to an immigration detainer request issued by 29 United States immigration and customs enforcement shall fully 30 comply with any instruction made in the detainer request and in 31 any other legal document provided by a federal agency. 32 Sec. 3. NEW SECTION . 825.3 Completion of sentence in 33 federal custody. 34 1. The court, in a criminal proceeding in this state in 35 -1- SF 481 (3) 87 je/rj/jh 1/ 7

S.F. 481 which the sentence requires a defendant who is the subject 1 of an immigration detainer request to be confined in a 2 correctional facility, shall issue an order at the time of 3 sentencing requiring the correctional facility in which the 4 defendant is to be confined and all appropriate government 5 officers to require the defendant to be transferred to serve in 6 federal custody the final portion of the defendant’s sentence, 7 not to exceed a period of seven days, if a facility or officer 8 determines that the change in the place of confinement will 9 facilitate the seamless transfer of the defendant into federal 10 custody. The court in a criminal proceeding in this state 11 shall retain jurisdiction to issue such an order at a later 12 date if the court receives notice from a federal agency that a 13 defendant was the subject of an immigration detainer request at 14 the time of sentencing. The court shall issue such an order as 15 soon as practicable after receiving such notice. 16 2. In the absence of an order issued under this section, 17 a facility or officer acting under exigent circumstances may 18 perform such a transfer after making a determination that the 19 change in the place of confinement will facilitate the seamless 20 transfer of the defendant into federal custody. 21 3. A defendant shall be transferred pursuant to this section 22 only if appropriate officers of the federal government consent 23 to the transfer of a defendant into federal custody under the 24 circumstances described in this section. 25 Sec. 4. NEW SECTION . 825.4 Restriction on enforcement of 26 immigration law prohibited. 27 1. A local entity shall not adopt or enforce a policy or 28 take any other action under which the local entity prohibits or 29 discourages the enforcement of immigration laws. 30 2. A local entity shall not prohibit or discourage a person 31 who is a law enforcement officer, corrections officer, county 32 attorney, city attorney, or other official who is employed by 33 or otherwise under the direction or control of the local entity 34 from doing any of the following: 35 -2- SF 481 (3) 87 je/rj/jh 2/ 7

S.F. 481 a. Inquiring about the immigration status of a person under 1 a lawful detention or under arrest. 2 b. Doing any of the following with respect to information 3 relating to the immigration status, lawful or unlawful, of any 4 person under a lawful detention or under arrest, including 5 information regarding the person’s place of birth: 6 (1) Sending the information to or requesting or receiving 7 the information from United States citizenship and immigration 8 services, United States immigration and customs enforcement, or 9 another relevant federal agency. 10 (2) Maintaining the information. 11 (3) Exchanging the information with another local entity or 12 a federal or state governmental entity. 13 c. Assisting or cooperating with a federal immigration 14 officer as reasonable or necessary, including providing 15 enforcement assistance. 16 d. Permitting a federal immigration officer to enter and 17 conduct enforcement activities at a jail or other detention 18 facility to enforce a federal immigration law. 19 Sec. 5. NEW SECTION . 825.5 Written policies. 20 No later than January 1, 2018, each state or local law 21 enforcement agency subject to this chapter shall do all of the 22 following: 23 1. Formalize in writing any unwritten, informal policies 24 relating to the enforcement of immigration laws. 25 2. Update the agency’s policies to be consistent with this 26 chapter, to require each officer or other employee of the law 27 enforcement agency to fully comply with this chapter, and to 28 prohibit an officer or other employee of the law enforcement 29 agency from preventing law enforcement agency personnel from 30 fully complying with this chapter. 31 Sec. 6. NEW SECTION . 825.6 Discrimination prohibited. 32 A local entity or a person employed by or otherwise under 33 the direction or control of a local entity shall not consider 34 race, skin color, language spoken, or national origin while 35 -3- SF 481 (3) 87 je/rj/jh 3/ 7

S.F. 481 enforcing immigration laws except to the extent permitted by 1 the Constitution of the United States or the Constitution of 2 the State of Iowa. 3 Sec. 7. NEW SECTION . 825.7 Victim of or witness to a crime 4 —— limitation on collection of information. 5 A local entity or a person employed by or otherwise under 6 the direction or control of a local entity shall not ask for 7 or collect any information from a victim of or witness to an 8 alleged public offense or from a person reporting an alleged 9 public offense, including the victim’s, witness’s, or person’s 10 national origin, that is not pertinent to the investigation of 11 the alleged public offense. 12 Sec. 8. NEW SECTION . 825.8 Complaints —— notification —— 13 civil action. 14 1. Any person, including a federal agency, may file a 15 complaint with the attorney general or a county attorney 16 alleging that a local entity has violated or is violating 17 this chapter if the person offers evidence to support such an 18 allegation. The person shall include with the complaint any 19 evidence the person has in support of the complaint. 20 2. A local entity for which the attorney general or county 21 attorney has received a complaint pursuant to this section 22 shall comply with any document requests, including a request 23 for supporting documents, from the attorney general or county 24 attorney relating to the complaint. 25 3. A complaint filed pursuant to subsection 1 shall not 26 be valid unless the attorney general or county attorney 27 determines that a violation of this chapter by a local entity 28 was intentional. 29 4. If the attorney general or county attorney determines 30 that a complaint filed pursuant to this section against a local 31 entity is valid, the attorney general or county attorney, not 32 later than ten days after the date of such a determination, 33 shall provide written notification to the local entity by 34 certified mail, with return receipt requested, stating all of 35 -4- SF 481 (3) 87 je/rj/jh 4/ 7

S.F. 481 the following: 1 a. A complaint pursuant to this section has been filed and 2 the grounds for the complaint. 3 b. The attorney general or county attorney has determined 4 that the complaint is valid. 5 c. The attorney general or county attorney is authorized to 6 file a civil action in district court pursuant to subsection 7 6 to enjoin a violation of this chapter no later than forty 8 days after the date on which the notification is received 9 if the local entity does not come into compliance with the 10 requirements of this chapter. 11 d. The local entity and any entity that is under the 12 jurisdiction of the local entity will be denied state funds 13 pursuant to section 825.9 for the state fiscal year following 14 the year in which a final judicial determination in a civil 15 action brought under this section is made. 16 5. No later than thirty days after the date on which a 17 local entity receives written notification under subsection 4, 18 the local entity shall provide the attorney general or county 19 attorney with all of the following: 20 a. Copies of all of the local entity’s written policies 21 relating to immigration enforcement actions. 22 b. A copy of each immigration detainer request received by 23 the local entity from a federal agency. 24 c. A copy of each response sent by the local entity to an 25 immigration detainer request described by paragraph “b” . 26 d. A description of all actions the local entity has taken 27 or will take to correct any violations of this chapter. 28 e. If applicable, any evidence that would refute the 29 allegations made in the complaint. 30 6. No later than forty days after the date on which the 31 notification pursuant to subsection 4 is received, the attorney 32 general or county attorney shall file a civil action in 33 district court to enjoin any ongoing violation of this chapter 34 by a local entity. 35 -5- SF 481 (3) 87 je/rj/jh 5/ 7

S.F. 481 Sec. 9. NEW SECTION . 825.9 Denial of state funds. 1 1. Notwithstanding any other provision of law to the 2 contrary, a local entity, including any entity under the 3 jurisdiction of the local entity, shall be ineligible to 4 receive any state funds if the local entity intentionally 5 violates this chapter. 6 2. State funds shall be denied to a local entity pursuant 7 to subsection 1 by all state agencies for each state fiscal 8 year that begins after the date on which a final judicial 9 determination that the local entity has intentionally violated 10 this chapter is made in a civil action brought pursuant to 11 section 825.8, subsection 6. State funds shall continue 12 to be denied until eligibility to receive state funds is 13 reinstated under section 825.10. However, any state funds for 14 the provision of wearable body protective gear used for law 15 enforcement purposes shall not be denied under this section. 16 3. The department of management shall adopt rules pursuant 17 to chapter 17A to implement this section and section 825.10 18 uniformly across state agencies from which state funds are 19 distributed to local entities. 20 Sec. 10. NEW SECTION . 825.10 Reinstatement of eligibility 21 to receive state funds. 22 1. Except as provided by subsection 5, no earlier than 23 twelve months after the date of a final judicial determination 24 that a local entity has intentionally violated the provisions 25 of this chapter, the local entity may petition the district 26 court that heard the civil action brought pursuant to section 27 825.8, subsection 6, to seek a declaratory judgment that the 28 local entity is in full compliance with this chapter. 29 2. A local entity that petitions the court as described by 30 subsection 1 shall comply with any document requests, including 31 a request for supporting documents, from the attorney general 32 or county attorney relating to the action. 33 3. If the court issues a declaratory judgment declaring that 34 the local entity is in full compliance with this chapter, the 35 -6- SF 481 (3) 87 je/rj/jh 6/ 7

S.F. 481 local entity’s eligibility to receive state funds is reinstated 1 beginning on the first day of the month following the date on 2 which the declaratory judgment is issued. 3 4. A local entity shall not petition the court as described 4 in subsection 1 more than twice in one twelve-month period. 5 5. A local entity may petition the court as described in 6 subsection 1 before the date provided in subsection 1 if the 7 person who was the director or other chief officer of the 8 local entity at the time of the violation of this chapter is 9 subsequently removed from or otherwise leaves office. 10 6. A party shall not be entitled to recover any attorney 11 fees in a civil action described by subsection 1. 12 Sec. 11. NEW SECTION . 825.11 Attorney general database. 13 The attorney general shall develop and maintain a searchable 14 database listing each local entity for which a final judicial 15 determination described in section 825.9, subsection 2, has 16 been made. The attorney general shall post the database on the 17 attorney general’s internet site. 18 Sec. 12. APPLICABILITY. This Act applies to the release of 19 a person from custody in this state on or after the effective 20 date of this Act. 21 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection 22 3, shall not apply to this Act. 23 -7- SF 481 (3) 87 je/rj/jh 7/ 7