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Senate Study Bill 1172 - IntroducedA Bill ForAn Act 1relating to the enforcement of immigration laws and
2providing penalties and remedies, including the denial of
3state funds to certain entities.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 825.1 Definitions.
21. “Campus police department” means a law enforcement agency
3of an institution governed by the state board of regents, a
4community college, or any other postsecondary educational
5institution in this state that receives state funds.
62. “Immigration detainer request” means a federal government
7request to a local entity or campus police department to
8maintain temporary custody of an alien. “Immigration detainer
9request” includes verbal and written requests, including a
10United States department of homeland security form I-247 or a
11similar or successor form.
123. “Immigration law” means a law of this state or a federal
13law relating to aliens, immigrants, or immigration, including
14but not limited to the federal Immigration and Nationality Act,
158 U.S.C. §1101 et seq.
164. “Lawful detention” means the detention of a person by a
17local entity or campus police department for the investigation
18of a public offense. “Lawful detention” excludes a detention if
19the sole reason for the detention is that a person is a victim
20of or witness to a public offense or is reporting a public
21offense.
225. “Local entity” means the governing body of a city,
23county, institution governed by the state board of regents,
24community college, or any other postsecondary educational
25institution in this state that receives state funds. “Local
26entity” includes an officer or employee of a local entity
27or a division, department, or other body that is part of a
28local entity, including but not limited to a sheriff, police
29department, city attorney, or county attorney.
306. “Policy” includes a formal, written rule, policy,
31procedure, regulation, order, ordinance, motion, resolution, or
32amendment and an informal, unwritten policy.
33 Sec. 2. NEW SECTION. 825.2 County and city liability —
34failure to comply with immigration detainer request.
351. If a county or city or officer or employee of a county
-1-1or city or a division, department, or other body that is part
2of a county or city releases from custody a person who is the
3subject of an immigration detainer request issued by United
4States immigration and customs enforcement and received by
5the county or city, the county or city shall be liable under
6chapter 670 for damages resulting from any felony committed
7by the person in this state within ten years following such
8person’s release if all of the following apply:
9a. The county or city did not detain the person as
10requested.
11b. The county or city had probable cause to believe that the
12person was not a citizen of the United States and was subject
13to removal from the United States.
14c. The person had been convicted before release of a public
15offense punishable as a serious misdemeanor or greater offense.
162. A county or city shall not be liable for damages
17sustained by a person who was the subject of an immigration
18detainer request following the person’s release from custody by
19a county or city.
20 Sec. 3. NEW SECTION. 825.3 Enforcement of federal
21immigration law by law enforcement officers.
221. A state or local law enforcement officer shall not stop
23a motor vehicle or conduct a search of a business or residence
24solely to enforce a federal immigration law, unless the officer
25is acting at the request of, or providing assistance to, an
26appropriate federal law enforcement officer or is acting under
27the terms of an agreement between the law enforcement agency
28employing the officer and a federal agency under which the law
29enforcement agency employing the officer receives delegated
30authority to enforce the federal immigration law.
312. A state or local law enforcement officer may arrest a
32person on the grounds that the person is an alien not lawfully
33present in the United States only if the officer is acting in
34accordance with this chapter and under authority specifically
35granted under applicable federal immigration law.
-2-1 Sec. 4. NEW SECTION. 825.4 Law enforcement agency duties —
2immigration detainer requests.
31. A law enforcement agency in this state that has custody
4of a person subject to an immigration detainer request issued
5by United States immigration and customs enforcement shall
6fully comply with any instruction made in the detainer request
7and in any other legal document provided by a federal agency.
82. A law enforcement agency in this state shall presume an
9immigration detainer request, whether written or verbal, is
10based on probable cause and is otherwise valid.
11 Sec. 5. NEW SECTION. 825.5 Completion of sentence in
12federal custody.
131. The court, in a criminal proceeding in this state in
14which the sentence requires a defendant who is the subject
15of an immigration detainer request to be confined in a
16correctional facility, shall issue an order at the time of
17sentencing requiring the correctional facility in which the
18defendant is to be confined and all appropriate government
19officers to require the defendant to be transferred to serve in
20federal custody the final portion of the defendant’s sentence,
21not to exceed a period of seven days, if a facility or officer
22determines that the change in the place of confinement will
23facilitate the seamless transfer of the defendant into federal
24custody. The court in a criminal proceeding in this state
25shall retain jurisdiction to issue such an order at a later
26date if the court receives notice from a federal agency that a
27defendant was the subject of an immigration detainer request at
28the time of sentencing. The court shall issue such an order as
29soon as practicable after receiving such notice.
302. In the absence of an order issued under this section,
31a facility or officer acting under exigent circumstances may
32perform such a transfer after making a determination that the
33change in the place of confinement will facilitate the seamless
34transfer of the defendant into federal custody.
353. A defendant shall be transferred pursuant to this section
-3-1only if appropriate officers of the federal government consent
2to the transfer of a defendant into federal custody under the
3circumstances described in this section.
4 Sec. 6. NEW SECTION. 825.6 Restriction on enforcement of
5immigration law prohibited.
61. A local entity or campus police department shall not
7adopt or enforce a policy or take any other action under which
8the local entity or campus police department prohibits or
9discourages the enforcement of immigration laws.
102. A local entity or campus police department shall not
11prohibit or discourage a person who is a law enforcement
12officer, corrections officer, county attorney, city attorney,
13or other official who is employed by or otherwise under the
14direction or control of the local entity or campus police
15department from doing any of the following:
16a. Inquiring about the immigration status of a person under
17a lawful detention or under arrest.
18b. Doing any of the following with respect to information
19relating to the immigration status, lawful or unlawful, of any
20person under a lawful detention or under arrest, including
21information regarding the person’s place of birth:
22(1) Sending the information to or requesting or receiving
23the information from United States citizenship and immigration
24services, United States immigration and customs enforcement, or
25another relevant federal agency.
26(2) Maintaining the information.
27(3) Exchanging the information with another local entity
28or campus police department or a federal or state governmental
29entity.
30c. Assisting or cooperating with a federal immigration
31officer as reasonable or necessary, including providing
32enforcement assistance.
33d. Permitting a federal immigration officer to enter and
34conduct enforcement activities at a jail or other detention
35facility to enforce a federal immigration law.
-4-1 Sec. 7. NEW SECTION. 825.7 Written policies.
2No later than January 1, 2018, each state or local law
3enforcement agency subject to this chapter shall do all of the
4following:
51. Formalize in writing any unwritten, informal policies
6relating to the enforcement of immigration laws.
72. Update the agency’s policies to be consistent with this
8chapter, to require each officer or other employee of the law
9enforcement agency to fully comply with this chapter, and to
10prohibit an officer or other employee of the law enforcement
11agency from preventing law enforcement agency personnel from
12fully complying with this chapter.
13 Sec. 8. NEW SECTION. 825.8 Discrimination prohibited.
14A local entity, campus police department, or a person
15employed by or otherwise under the direction or control of a
16local entity or campus police department shall not consider
17race, skin color, language spoken, or national origin while
18enforcing immigration laws except to the extent permitted by
19the Constitution of the United States or the Constitution of
20the State of Iowa.
21 Sec. 9. NEW SECTION. 825.9 Complaints — notification —
22civil action.
231. Any person, including a federal agency, may file a
24complaint with the attorney general or a county attorney
25alleging that a local entity or campus police department has
26violated or is violating this chapter if the person offers
27evidence to support such an allegation. The person shall
28include with the complaint any evidence the person has in
29support of the complaint.
302. A local entity or campus police department for which the
31attorney general or county attorney has received a complaint
32pursuant to this section shall comply with any document
33requests, including a request for supporting documents,
34from the attorney general or county attorney relating to the
35complaint.
-5- 13. A complaint filed pursuant to subsection 1 shall not be
2valid unless the attorney general or county attorney determines
3that a violation of this chapter by a local entity or campus
4police department was intentional.
54. If the attorney general or county attorney determines
6that a complaint filed pursuant to this section against
7a local entity or campus police department is valid, the
8attorney general or county attorney, not later than ten days
9after the date of such a determination, shall provide written
10notification to the local entity or campus police department
11by certified mail, with return receipt requested, stating all
12of the following:
13a. A complaint pursuant to this section has been filed and
14the grounds for the complaint.
15b. The attorney general or county attorney has determined
16that the complaint is valid.
17c. The attorney general or county attorney is authorized to
18file a civil action in district court pursuant to subsection
196 to enjoin a violation of this chapter no later than forty
20days after the date on which the notification is received if
21the local entity or campus police department does not come into
22compliance with the requirements of this chapter.
23d. The local entity or campus police department and any
24entity that is under the jurisdiction of the local entity or
25campus police department will be denied state funds pursuant to
26section 825.10 for the state fiscal year following the year in
27which a final judicial determination in a civil action brought
28under this section is made.
295. No later than thirty days after the date on which a
30local entity or campus police department receives written
31notification under subsection 4, the local entity or campus
32police department shall provide the attorney general or county
33attorney with all of the following:
34a. Copies of all of the local entity’s or campus police
35department’s written policies relating to immigration
-6-1enforcement actions.
2b. A copy of each immigration detainer request received by
3the local entity or campus police department from a federal
4agency.
5c. A copy of each response sent by the local entity or
6campus police department to an immigration detainer request
7described by paragraph “b”.
8d. A description of all actions the local entity or campus
9police department has taken or will take to correct any
10violations of this chapter.
11e. If applicable, any evidence that would refute the
12allegations made in the complaint.
136. No later than forty days after the date on which the
14notification pursuant to subsection 4 is received, the attorney
15general or county attorney shall file a civil action in
16district court to enjoin any ongoing violation of this chapter
17by a local entity or campus police department.
18 Sec. 10. NEW SECTION. 825.10 Denial of state funds.
191. Notwithstanding any other provision of law to the
20contrary, a local entity, including any entity under the
21jurisdiction of the local entity, or a campus police department
22shall be ineligible to receive any state funds if the local
23entity or campus police department intentionally violates this
24chapter.
252. State funds shall be denied to a local entity or campus
26police department pursuant to subsection 1 by all state
27agencies for each state fiscal year that begins after the date
28on which a final judicial determination that the local entity
29or campus police department has intentionally violated this
30chapter is made in a civil action brought pursuant to section
31825.9, subsection 6. State funds shall continue to be denied
32until eligibility to receive state funds is reinstated under
33section 825.11. However, any state funds for the provision of
34wearable body protective gear used for law enforcement purposes
35shall not be denied under this section.
-7- 13. The department of management shall adopt rules pursuant
2to chapter 17A to implement this section and section 825.11
3uniformly across state agencies from which state funds are
4distributed to local entities and campus police departments.
5 Sec. 11. NEW SECTION. 825.11 Reinstatement of eligibility
6to receive state funds.
71. Except as provided by subsection 5, no earlier
8than twelve months after the date of a final judicial
9determination that a local entity or campus police department
10has intentionally violated the provisions of this chapter,
11the local entity or campus police department may petition the
12district court that heard the civil action brought pursuant to
13section 825.9, subsection 6, to seek a declaratory judgment
14that the local entity or campus police department is in full
15compliance with this chapter.
162. A local entity or campus police department that petitions
17the court as described by subsection 1 shall comply with
18any document requests, including a request for supporting
19documents, from the attorney general or county attorney
20relating to the action.
213. If the court issues a declaratory judgment declaring
22that the local entity or campus police department is in full
23compliance with this chapter, the local entity’s or campus
24police department’s eligibility to receive state funds is
25reinstated beginning on the first day of the month following
26the date on which the declaratory judgment is issued.
274. A local entity or campus police department shall not
28petition the court as described in subsection 1 more than twice
29in one twelve-month period.
305. A local entity or campus police department may petition
31the court as described in subsection 1 before the date provided
32in subsection 1 if the person who was the director or other
33chief officer of the local entity or campus police department
34at the time of the violation of this chapter is subsequently
35removed from or otherwise leaves office.
-8- 16. A party shall not be entitled to recover any attorney
2fees in a civil action described by subsection 1.
3 Sec. 12. NEW SECTION. 825.12 Attorney general database.
4The attorney general shall develop and maintain a searchable
5database listing each local entity and campus police department
6for which a final judicial determination described in section
7825.10, subsection 2, has been made. The attorney general
8shall post the database on the attorney general’s internet
9site.
10 Sec. 13. NEW SECTION. 825.13 Applicability.
111. This chapter does not apply to a school district or
12nonpublic school. This chapter does not apply to the release
13of information contained in education records of an educational
14agency or institution, except in conformity with the federal
15Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
16§1232g.
172. This chapter does not apply to a hospital if the hospital
18is providing access to or delivering medical or health care
19services as required under 42 U.S.C. §1395dd or 42 U.S.C.
20§1396b(v). However, this chapter shall apply to any law
21enforcement officer employed by a hospital.
22 Sec. 14. APPLICABILITY. This Act applies to the release of
23a person from custody in this state on or after the effective
24date of this Act.
25 Sec. 15. IMPLEMENTATION OF ACT. Section 25B.2, subsection
263, shall not apply to this Act.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to the enforcement of immigration laws.
31The bill defines immigration law as a law of this state or
32a federal law relating to aliens, immigrants, or immigration,
33including but not limited to the federal Immigration and
34Nationality Act.
35The bill provides that if a county or city or officer or
-9-1employee of a county or city or a division, department, or
2other body that is part of a county or city releases from
3custody a person who is the subject of an immigration detainer
4request issued by United States immigration and customs
5enforcement and received by the county or city, the county
6or city shall be liable under Code chapter 670 for damages
7resulting from any felony committed by the person in this
8state within 10 years following the person’s release. The
9bill provides that a county or city is only liable if certain
10conditions specified in the bill are met. The bill provides
11that a county or city shall not be liable for damages sustained
12by a person who is the subject of an immigration detainer
13request following the person’s release from custody by a county
14or city.
15The bill defines “immigration detainer request" as a
16federal government request to a local entity or campus
17police department to maintain temporary custody of an alien.
18“Immigration detainer request” includes verbal and written
19requests, including a United States department of homeland
20security form I-247 or a similar or successor form.
21The bill prohibits a state or local law enforcement officer
22from stopping a motor vehicle or conducting a search of a
23business or residence solely to enforce a federal immigration
24law except under certain specified circumstances.
25The bill permits a state or local law enforcement officer
26to arrest a person on the grounds that the person is an alien
27not lawfully present in the United States only if the officer
28is acting in accordance with the bill and under authority
29specifically granted under applicable federal immigration law.
30The bill requires a law enforcement agency in this state
31that has custody of a person subject to an immigration detainer
32request issued by United States immigration and customs
33enforcement to fully comply with any instruction made in the
34detainer request and in any other legal document provided by a
35federal agency. The bill requires a law enforcement agency in
-10-1this state to presume an immigration detainer request, whether
2written or verbal, is based on probable cause and is otherwise
3valid.
4The bill requires the court in a criminal proceeding in this
5state in which the sentence requires a defendant subject to an
6immigration detainer request to be confined in a correctional
7facility, to issue an order at the time of sentencing, or at
8a later date, requiring the correctional facility in which
9the defendant is to be confined to require the defendant to
10be transferred to serve in federal custody the final portion
11of the defendant’s sentence, not to exceed a period of seven
12days, if a facility or officer determines that the change
13in the place of confinement will facilitate the seamless
14transfer of the defendant into federal custody. A defendant
15shall be transferred pursuant to the bill only if appropriate
16officers of the federal government consent to the transfer
17of a defendant into federal custody under the circumstances
18described in the bill.
19The bill prohibits a local entity or campus police
20department from adopting or enforcing a policy or take any
21other action under which the entity or department prohibits or
22discourages the enforcement of immigration laws.
23The bill prohibits a local entity or campus police
24department from prohibiting or discouraging a person who
25is a law enforcement officer, corrections officer, county
26attorney, city attorney, or other official who is employed by
27or otherwise under the direction or control of the entity or
28department from carrying out various activities specified in
29the bill relating to enforcement of immigration laws.
30The bill defines “local entity” as the governing body
31of a city, county, institution governed by the state board
32of regents, community college, or any other postsecondary
33educational institution in this state that receives state
34funds.
35The bill defines “campus police department” as a law
-11-1enforcement agency of an institution governed by the board
2of regents, a community college, or any other postsecondary
3educational institution in this state that receives state
4funds.
5The bill requires each state or local law enforcement agency
6subject to the bill to formalize in writing any unwritten,
7informal policies relating to the enforcement of immigration
8laws and to update the agency’s policies to be consistent with
9the bill and to require full compliance with the bill. These
10actions must be carried out no later than January 1, 2018.
11The bill prohibits a local entity, campus police department,
12or a person employed by or otherwise under the direction or
13control of an entity or department from considering race, skin
14color, language spoken, or national origin while enforcing
15immigration laws except to the extent permitted by the United
16States Constitution or Iowa Constitution.
17The bill permits any person, including a federal agency, to
18file a complaint with the attorney general or a county attorney
19alleging that a local entity or campus police department has
20violated or is violating the requirements of the bill if the
21person offers evidence to support such an allegation. The
22bill provides that a complaint shall not be valid unless the
23attorney general or county attorney determines that a violation
24of the requirements of the bill by a local entity or campus
25police department was intentional.
26If the attorney general or county attorney determines that
27a complaint is valid, the bill requires the attorney general
28or county attorney to provide notification to the entity or
29department within 10 days of the determination. The bill
30requires the entity or department to provide a response to
31the attorney general or county attorney within 30 days of
32receiving the notification. The bill specifies the content of
33the notification and response.
34The bill requires the attorney general or county attorney
35to file a civil action in district court to enjoin any ongoing
-12-1violation of the requirements of the bill by a local entity or
2campus police department no later than 40 days after the date
3on which the notification is received.
4The bill provides that, notwithstanding any other provision
5of law to the contrary, a local entity, including any entity
6under the jurisdiction of the local entity, or a campus police
7department shall not be eligible to receive any state funds if
8the local entity or department intentionally violates the bill.
9State funds shall continue to be denied until eligibility to
10receive state funds is reinstated as provided in the bill.
11The bill provides that any state funds for the provision
12of wearable body protective gear used for law enforcement
13purposes shall not be denied in this way. The bill requires
14the department of management to adopt rules to implement the
15denial of and reinstatement of eligibility to receive state
16funds uniformly across state agencies.
17The bill permits a local entity or campus police department
18to petition the district court that heard the civil action
19brought pursuant to the bill to seek a declaratory judgment
20that the entity or department is in full compliance with the
21bill in order to restore the eligibility to receive state
22funds.
23The bill requires the attorney general to develop, post,
24and maintain a searchable database listing each local entity
25and campus police department for which a final judicial
26determination that the entity or department has intentionally
27violated the requirements of the bill has been made.
28The bill does not apply to a school district or nonpublic
29school. The bill does not apply to the release of information
30contained in education records of an educational agency or
31institution, except in conformity with the federal Family
32Educational Rights and Privacy Act of 1974. The bill does not
33apply to a hospital if the hospital is providing access to or
34delivering medical or health care services as required under
35federal laws specified in the bill. However, the bill does
-13-1apply to any law enforcement officer employed by a hospital.
2The bill applies to the release of a person from custody in
3this state on or after the effective date of the bill.
4The bill may include a state mandate as defined in Code
5section 25B.3. The bill makes inapplicable Code section 25B.2,
6subsection 3, which would relieve a political subdivision from
7complying with a state mandate if funding for the cost of
8the state mandate is not provided or specified. Therefore,
9political subdivisions are required to comply with any state
10mandate included in the bill.
-14-je/rj
2providing penalties and remedies, including the denial of
3state funds to certain entities.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 825.1 Definitions.
21. “Campus police department” means a law enforcement agency
3of an institution governed by the state board of regents, a
4community college, or any other postsecondary educational
5institution in this state that receives state funds.
62. “Immigration detainer request” means a federal government
7request to a local entity or campus police department to
8maintain temporary custody of an alien. “Immigration detainer
9request” includes verbal and written requests, including a
10United States department of homeland security form I-247 or a
11similar or successor form.
123. “Immigration law” means a law of this state or a federal
13law relating to aliens, immigrants, or immigration, including
14but not limited to the federal Immigration and Nationality Act,
158 U.S.C. §1101 et seq.
164. “Lawful detention” means the detention of a person by a
17local entity or campus police department for the investigation
18of a public offense. “Lawful detention” excludes a detention if
19the sole reason for the detention is that a person is a victim
20of or witness to a public offense or is reporting a public
21offense.
225. “Local entity” means the governing body of a city,
23county, institution governed by the state board of regents,
24community college, or any other postsecondary educational
25institution in this state that receives state funds. “Local
26entity” includes an officer or employee of a local entity
27or a division, department, or other body that is part of a
28local entity, including but not limited to a sheriff, police
29department, city attorney, or county attorney.
306. “Policy” includes a formal, written rule, policy,
31procedure, regulation, order, ordinance, motion, resolution, or
32amendment and an informal, unwritten policy.
33 Sec. 2. NEW SECTION. 825.2 County and city liability —
34failure to comply with immigration detainer request.
351. If a county or city or officer or employee of a county
-1-1or city or a division, department, or other body that is part
2of a county or city releases from custody a person who is the
3subject of an immigration detainer request issued by United
4States immigration and customs enforcement and received by
5the county or city, the county or city shall be liable under
6chapter 670 for damages resulting from any felony committed
7by the person in this state within ten years following such
8person’s release if all of the following apply:
9a. The county or city did not detain the person as
10requested.
11b. The county or city had probable cause to believe that the
12person was not a citizen of the United States and was subject
13to removal from the United States.
14c. The person had been convicted before release of a public
15offense punishable as a serious misdemeanor or greater offense.
162. A county or city shall not be liable for damages
17sustained by a person who was the subject of an immigration
18detainer request following the person’s release from custody by
19a county or city.
20 Sec. 3. NEW SECTION. 825.3 Enforcement of federal
21immigration law by law enforcement officers.
221. A state or local law enforcement officer shall not stop
23a motor vehicle or conduct a search of a business or residence
24solely to enforce a federal immigration law, unless the officer
25is acting at the request of, or providing assistance to, an
26appropriate federal law enforcement officer or is acting under
27the terms of an agreement between the law enforcement agency
28employing the officer and a federal agency under which the law
29enforcement agency employing the officer receives delegated
30authority to enforce the federal immigration law.
312. A state or local law enforcement officer may arrest a
32person on the grounds that the person is an alien not lawfully
33present in the United States only if the officer is acting in
34accordance with this chapter and under authority specifically
35granted under applicable federal immigration law.
-2-1 Sec. 4. NEW SECTION. 825.4 Law enforcement agency duties —
2immigration detainer requests.
31. A law enforcement agency in this state that has custody
4of a person subject to an immigration detainer request issued
5by United States immigration and customs enforcement shall
6fully comply with any instruction made in the detainer request
7and in any other legal document provided by a federal agency.
82. A law enforcement agency in this state shall presume an
9immigration detainer request, whether written or verbal, is
10based on probable cause and is otherwise valid.
11 Sec. 5. NEW SECTION. 825.5 Completion of sentence in
12federal custody.
131. The court, in a criminal proceeding in this state in
14which the sentence requires a defendant who is the subject
15of an immigration detainer request to be confined in a
16correctional facility, shall issue an order at the time of
17sentencing requiring the correctional facility in which the
18defendant is to be confined and all appropriate government
19officers to require the defendant to be transferred to serve in
20federal custody the final portion of the defendant’s sentence,
21not to exceed a period of seven days, if a facility or officer
22determines that the change in the place of confinement will
23facilitate the seamless transfer of the defendant into federal
24custody. The court in a criminal proceeding in this state
25shall retain jurisdiction to issue such an order at a later
26date if the court receives notice from a federal agency that a
27defendant was the subject of an immigration detainer request at
28the time of sentencing. The court shall issue such an order as
29soon as practicable after receiving such notice.
302. In the absence of an order issued under this section,
31a facility or officer acting under exigent circumstances may
32perform such a transfer after making a determination that the
33change in the place of confinement will facilitate the seamless
34transfer of the defendant into federal custody.
353. A defendant shall be transferred pursuant to this section
-3-1only if appropriate officers of the federal government consent
2to the transfer of a defendant into federal custody under the
3circumstances described in this section.
4 Sec. 6. NEW SECTION. 825.6 Restriction on enforcement of
5immigration law prohibited.
61. A local entity or campus police department shall not
7adopt or enforce a policy or take any other action under which
8the local entity or campus police department prohibits or
9discourages the enforcement of immigration laws.
102. A local entity or campus police department shall not
11prohibit or discourage a person who is a law enforcement
12officer, corrections officer, county attorney, city attorney,
13or other official who is employed by or otherwise under the
14direction or control of the local entity or campus police
15department from doing any of the following:
16a. Inquiring about the immigration status of a person under
17a lawful detention or under arrest.
18b. Doing any of the following with respect to information
19relating to the immigration status, lawful or unlawful, of any
20person under a lawful detention or under arrest, including
21information regarding the person’s place of birth:
22(1) Sending the information to or requesting or receiving
23the information from United States citizenship and immigration
24services, United States immigration and customs enforcement, or
25another relevant federal agency.
26(2) Maintaining the information.
27(3) Exchanging the information with another local entity
28or campus police department or a federal or state governmental
29entity.
30c. Assisting or cooperating with a federal immigration
31officer as reasonable or necessary, including providing
32enforcement assistance.
33d. Permitting a federal immigration officer to enter and
34conduct enforcement activities at a jail or other detention
35facility to enforce a federal immigration law.
-4-1 Sec. 7. NEW SECTION. 825.7 Written policies.
2No later than January 1, 2018, each state or local law
3enforcement agency subject to this chapter shall do all of the
4following:
51. Formalize in writing any unwritten, informal policies
6relating to the enforcement of immigration laws.
72. Update the agency’s policies to be consistent with this
8chapter, to require each officer or other employee of the law
9enforcement agency to fully comply with this chapter, and to
10prohibit an officer or other employee of the law enforcement
11agency from preventing law enforcement agency personnel from
12fully complying with this chapter.
13 Sec. 8. NEW SECTION. 825.8 Discrimination prohibited.
14A local entity, campus police department, or a person
15employed by or otherwise under the direction or control of a
16local entity or campus police department shall not consider
17race, skin color, language spoken, or national origin while
18enforcing immigration laws except to the extent permitted by
19the Constitution of the United States or the Constitution of
20the State of Iowa.
21 Sec. 9. NEW SECTION. 825.9 Complaints — notification —
22civil action.
231. Any person, including a federal agency, may file a
24complaint with the attorney general or a county attorney
25alleging that a local entity or campus police department has
26violated or is violating this chapter if the person offers
27evidence to support such an allegation. The person shall
28include with the complaint any evidence the person has in
29support of the complaint.
302. A local entity or campus police department for which the
31attorney general or county attorney has received a complaint
32pursuant to this section shall comply with any document
33requests, including a request for supporting documents,
34from the attorney general or county attorney relating to the
35complaint.
-5- 13. A complaint filed pursuant to subsection 1 shall not be
2valid unless the attorney general or county attorney determines
3that a violation of this chapter by a local entity or campus
4police department was intentional.
54. If the attorney general or county attorney determines
6that a complaint filed pursuant to this section against
7a local entity or campus police department is valid, the
8attorney general or county attorney, not later than ten days
9after the date of such a determination, shall provide written
10notification to the local entity or campus police department
11by certified mail, with return receipt requested, stating all
12of the following:
13a. A complaint pursuant to this section has been filed and
14the grounds for the complaint.
15b. The attorney general or county attorney has determined
16that the complaint is valid.
17c. The attorney general or county attorney is authorized to
18file a civil action in district court pursuant to subsection
196 to enjoin a violation of this chapter no later than forty
20days after the date on which the notification is received if
21the local entity or campus police department does not come into
22compliance with the requirements of this chapter.
23d. The local entity or campus police department and any
24entity that is under the jurisdiction of the local entity or
25campus police department will be denied state funds pursuant to
26section 825.10 for the state fiscal year following the year in
27which a final judicial determination in a civil action brought
28under this section is made.
295. No later than thirty days after the date on which a
30local entity or campus police department receives written
31notification under subsection 4, the local entity or campus
32police department shall provide the attorney general or county
33attorney with all of the following:
34a. Copies of all of the local entity’s or campus police
35department’s written policies relating to immigration
-6-1enforcement actions.
2b. A copy of each immigration detainer request received by
3the local entity or campus police department from a federal
4agency.
5c. A copy of each response sent by the local entity or
6campus police department to an immigration detainer request
7described by paragraph “b”.
8d. A description of all actions the local entity or campus
9police department has taken or will take to correct any
10violations of this chapter.
11e. If applicable, any evidence that would refute the
12allegations made in the complaint.
136. No later than forty days after the date on which the
14notification pursuant to subsection 4 is received, the attorney
15general or county attorney shall file a civil action in
16district court to enjoin any ongoing violation of this chapter
17by a local entity or campus police department.
18 Sec. 10. NEW SECTION. 825.10 Denial of state funds.
191. Notwithstanding any other provision of law to the
20contrary, a local entity, including any entity under the
21jurisdiction of the local entity, or a campus police department
22shall be ineligible to receive any state funds if the local
23entity or campus police department intentionally violates this
24chapter.
252. State funds shall be denied to a local entity or campus
26police department pursuant to subsection 1 by all state
27agencies for each state fiscal year that begins after the date
28on which a final judicial determination that the local entity
29or campus police department has intentionally violated this
30chapter is made in a civil action brought pursuant to section
31825.9, subsection 6. State funds shall continue to be denied
32until eligibility to receive state funds is reinstated under
33section 825.11. However, any state funds for the provision of
34wearable body protective gear used for law enforcement purposes
35shall not be denied under this section.
-7- 13. The department of management shall adopt rules pursuant
2to chapter 17A to implement this section and section 825.11
3uniformly across state agencies from which state funds are
4distributed to local entities and campus police departments.
5 Sec. 11. NEW SECTION. 825.11 Reinstatement of eligibility
6to receive state funds.
71. Except as provided by subsection 5, no earlier
8than twelve months after the date of a final judicial
9determination that a local entity or campus police department
10has intentionally violated the provisions of this chapter,
11the local entity or campus police department may petition the
12district court that heard the civil action brought pursuant to
13section 825.9, subsection 6, to seek a declaratory judgment
14that the local entity or campus police department is in full
15compliance with this chapter.
162. A local entity or campus police department that petitions
17the court as described by subsection 1 shall comply with
18any document requests, including a request for supporting
19documents, from the attorney general or county attorney
20relating to the action.
213. If the court issues a declaratory judgment declaring
22that the local entity or campus police department is in full
23compliance with this chapter, the local entity’s or campus
24police department’s eligibility to receive state funds is
25reinstated beginning on the first day of the month following
26the date on which the declaratory judgment is issued.
274. A local entity or campus police department shall not
28petition the court as described in subsection 1 more than twice
29in one twelve-month period.
305. A local entity or campus police department may petition
31the court as described in subsection 1 before the date provided
32in subsection 1 if the person who was the director or other
33chief officer of the local entity or campus police department
34at the time of the violation of this chapter is subsequently
35removed from or otherwise leaves office.
-8- 16. A party shall not be entitled to recover any attorney
2fees in a civil action described by subsection 1.
3 Sec. 12. NEW SECTION. 825.12 Attorney general database.
4The attorney general shall develop and maintain a searchable
5database listing each local entity and campus police department
6for which a final judicial determination described in section
7825.10, subsection 2, has been made. The attorney general
8shall post the database on the attorney general’s internet
9site.
10 Sec. 13. NEW SECTION. 825.13 Applicability.
111. This chapter does not apply to a school district or
12nonpublic school. This chapter does not apply to the release
13of information contained in education records of an educational
14agency or institution, except in conformity with the federal
15Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
16§1232g.
172. This chapter does not apply to a hospital if the hospital
18is providing access to or delivering medical or health care
19services as required under 42 U.S.C. §1395dd or 42 U.S.C.
20§1396b(v). However, this chapter shall apply to any law
21enforcement officer employed by a hospital.
22 Sec. 14. APPLICABILITY. This Act applies to the release of
23a person from custody in this state on or after the effective
24date of this Act.
25 Sec. 15. IMPLEMENTATION OF ACT. Section 25B.2, subsection
263, shall not apply to this Act.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to the enforcement of immigration laws.
31The bill defines immigration law as a law of this state or
32a federal law relating to aliens, immigrants, or immigration,
33including but not limited to the federal Immigration and
34Nationality Act.
35The bill provides that if a county or city or officer or
-9-1employee of a county or city or a division, department, or
2other body that is part of a county or city releases from
3custody a person who is the subject of an immigration detainer
4request issued by United States immigration and customs
5enforcement and received by the county or city, the county
6or city shall be liable under Code chapter 670 for damages
7resulting from any felony committed by the person in this
8state within 10 years following the person’s release. The
9bill provides that a county or city is only liable if certain
10conditions specified in the bill are met. The bill provides
11that a county or city shall not be liable for damages sustained
12by a person who is the subject of an immigration detainer
13request following the person’s release from custody by a county
14or city.
15The bill defines “immigration detainer request" as a
16federal government request to a local entity or campus
17police department to maintain temporary custody of an alien.
18“Immigration detainer request” includes verbal and written
19requests, including a United States department of homeland
20security form I-247 or a similar or successor form.
21The bill prohibits a state or local law enforcement officer
22from stopping a motor vehicle or conducting a search of a
23business or residence solely to enforce a federal immigration
24law except under certain specified circumstances.
25The bill permits a state or local law enforcement officer
26to arrest a person on the grounds that the person is an alien
27not lawfully present in the United States only if the officer
28is acting in accordance with the bill and under authority
29specifically granted under applicable federal immigration law.
30The bill requires a law enforcement agency in this state
31that has custody of a person subject to an immigration detainer
32request issued by United States immigration and customs
33enforcement to fully comply with any instruction made in the
34detainer request and in any other legal document provided by a
35federal agency. The bill requires a law enforcement agency in
-10-1this state to presume an immigration detainer request, whether
2written or verbal, is based on probable cause and is otherwise
3valid.
4The bill requires the court in a criminal proceeding in this
5state in which the sentence requires a defendant subject to an
6immigration detainer request to be confined in a correctional
7facility, to issue an order at the time of sentencing, or at
8a later date, requiring the correctional facility in which
9the defendant is to be confined to require the defendant to
10be transferred to serve in federal custody the final portion
11of the defendant’s sentence, not to exceed a period of seven
12days, if a facility or officer determines that the change
13in the place of confinement will facilitate the seamless
14transfer of the defendant into federal custody. A defendant
15shall be transferred pursuant to the bill only if appropriate
16officers of the federal government consent to the transfer
17of a defendant into federal custody under the circumstances
18described in the bill.
19The bill prohibits a local entity or campus police
20department from adopting or enforcing a policy or take any
21other action under which the entity or department prohibits or
22discourages the enforcement of immigration laws.
23The bill prohibits a local entity or campus police
24department from prohibiting or discouraging a person who
25is a law enforcement officer, corrections officer, county
26attorney, city attorney, or other official who is employed by
27or otherwise under the direction or control of the entity or
28department from carrying out various activities specified in
29the bill relating to enforcement of immigration laws.
30The bill defines “local entity” as the governing body
31of a city, county, institution governed by the state board
32of regents, community college, or any other postsecondary
33educational institution in this state that receives state
34funds.
35The bill defines “campus police department” as a law
-11-1enforcement agency of an institution governed by the board
2of regents, a community college, or any other postsecondary
3educational institution in this state that receives state
4funds.
5The bill requires each state or local law enforcement agency
6subject to the bill to formalize in writing any unwritten,
7informal policies relating to the enforcement of immigration
8laws and to update the agency’s policies to be consistent with
9the bill and to require full compliance with the bill. These
10actions must be carried out no later than January 1, 2018.
11The bill prohibits a local entity, campus police department,
12or a person employed by or otherwise under the direction or
13control of an entity or department from considering race, skin
14color, language spoken, or national origin while enforcing
15immigration laws except to the extent permitted by the United
16States Constitution or Iowa Constitution.
17The bill permits any person, including a federal agency, to
18file a complaint with the attorney general or a county attorney
19alleging that a local entity or campus police department has
20violated or is violating the requirements of the bill if the
21person offers evidence to support such an allegation. The
22bill provides that a complaint shall not be valid unless the
23attorney general or county attorney determines that a violation
24of the requirements of the bill by a local entity or campus
25police department was intentional.
26If the attorney general or county attorney determines that
27a complaint is valid, the bill requires the attorney general
28or county attorney to provide notification to the entity or
29department within 10 days of the determination. The bill
30requires the entity or department to provide a response to
31the attorney general or county attorney within 30 days of
32receiving the notification. The bill specifies the content of
33the notification and response.
34The bill requires the attorney general or county attorney
35to file a civil action in district court to enjoin any ongoing
-12-1violation of the requirements of the bill by a local entity or
2campus police department no later than 40 days after the date
3on which the notification is received.
4The bill provides that, notwithstanding any other provision
5of law to the contrary, a local entity, including any entity
6under the jurisdiction of the local entity, or a campus police
7department shall not be eligible to receive any state funds if
8the local entity or department intentionally violates the bill.
9State funds shall continue to be denied until eligibility to
10receive state funds is reinstated as provided in the bill.
11The bill provides that any state funds for the provision
12of wearable body protective gear used for law enforcement
13purposes shall not be denied in this way. The bill requires
14the department of management to adopt rules to implement the
15denial of and reinstatement of eligibility to receive state
16funds uniformly across state agencies.
17The bill permits a local entity or campus police department
18to petition the district court that heard the civil action
19brought pursuant to the bill to seek a declaratory judgment
20that the entity or department is in full compliance with the
21bill in order to restore the eligibility to receive state
22funds.
23The bill requires the attorney general to develop, post,
24and maintain a searchable database listing each local entity
25and campus police department for which a final judicial
26determination that the entity or department has intentionally
27violated the requirements of the bill has been made.
28The bill does not apply to a school district or nonpublic
29school. The bill does not apply to the release of information
30contained in education records of an educational agency or
31institution, except in conformity with the federal Family
32Educational Rights and Privacy Act of 1974. The bill does not
33apply to a hospital if the hospital is providing access to or
34delivering medical or health care services as required under
35federal laws specified in the bill. However, the bill does
-13-1apply to any law enforcement officer employed by a hospital.
2The bill applies to the release of a person from custody in
3this state on or after the effective date of the bill.
4The bill may include a state mandate as defined in Code
5section 25B.3. The bill makes inapplicable Code section 25B.2,
6subsection 3, which would relieve a political subdivision from
7complying with a state mandate if funding for the cost of
8the state mandate is not provided or specified. Therefore,
9political subdivisions are required to comply with any state
10mandate included in the bill.
-14-je/rj