Bill Text: IA HF2114 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to unlawful aliens and law enforcement and providing penalties.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-01-26 - Introduced, referred to Judiciary. H.J. 121. [HF2114 Detail]
Download: Iowa-2015-HF2114-Introduced.html
House File 2114 - Introduced HOUSE FILE BY WILLS A BILL FOR 1 An Act relating to unlawful aliens and law enforcement and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5180YH (5) 86 je/rj PAG LIN 1 1 Section 1. NEW SECTION. 80.41 Unlawful alien enforcement 1 2 fund. 1 3 1. An unlawful alien enforcement fund is created in the 1 4 state treasury under the control of the department, subject to 1 5 appropriation by the general assembly. The fund shall consist 1 6 of civil penalties collected and deposited into the fund under 1 7 section 823.7 and moneys appropriated by the general assembly 1 8 to the fund. Moneys in the fund shall be used by the department 1 9 for enforcement of laws relating to unlawful aliens and for 1 10 incarceration costs for unlawful aliens. 1 11 2. Notwithstanding section 12C.7, subsection 2, interest or 1 12 earnings on moneys credited to the unlawful alien enforcement 1 13 fund shall be credited to the unlawful alien enforcement fund. 1 14 Notwithstanding section 8.33, moneys credited to the unlawful 1 15 alien enforcement fund at the end of a fiscal year shall not 1 16 revert to any other fund but shall remain in the fund for 1 17 purposes of the fund. 1 18 Sec. 2. NEW SECTION. 93.1 Definitions. 1 19 As used in this chapter, unless the context otherwise 1 20 requires: 1 21 1. "Agency" means an agency, department, board, or 1 22 commission of this state or a political subdivision that issues 1 23 a license for purposes of operating a business in this state. 1 24 2. "Economic development incentive" means a grant, loan, or 1 25 performance=based incentive awarded by a government entity of 1 26 this state. "Economic development incentive" does not include a 1 27 tax credit or tax incentive program. 1 28 3. "Employ" means hiring or continuing to employ an 1 29 individual to perform services. 1 30 4. "Employee" means an individual who provides services 1 31 or labor for an employer in this state for wages or other 1 32 remuneration. "Employee" does not include an independent 1 33 contractor. 1 34 5. "Employer" means a person that transacts business in 1 35 this state, that has a license issued by an agency in this 2 1 state, and that employs one or more employees in this state. 2 2 "Employer" includes this state, a political subdivision of 2 3 this state, and a self=employed individual. In the case of 2 4 an independent contractor, "employer" means the independent 2 5 contractor and does not mean the person or organization that 2 6 uses the contract labor. 2 7 6. "E=verify program" means the employment eligibility 2 8 verification program as jointly administered by the United 2 9 States department of homeland security and the United States 2 10 social security administration or any successor program. 2 11 7. "Government entity" means this state or a political 2 12 subdivision of this state that receives and uses tax revenues. 2 13 8. "Independent contractor" means a person that carries on 2 14 an independent business, that contracts to do a piece of work 2 15 according to the person's own means and methods and that is 2 16 subject to control only as to results. Whether a person is an 2 17 independent contractor is determined on a case=by=case basis 2 18 through various factors, including whether the person does any 2 19 of the following: 2 20 a. Supplies tools or materials. 2 21 b. Makes services available to the general public. 2 22 c. Works or may work for a number of clients at the same 2 23 time. 2 24 d. Has an opportunity for profit or loss as a result of 2 25 labor or service provided. 2 26 e. Invests in the facilities for work. 2 27 f. Directs the order or sequence in which the work is 2 28 completed. 2 29 g. Determines the hours when the work is completed. 2 30 9. "Knowingly employ an unauthorized alien" means the 2 31 actions described in 8 U.S.C. {1324a, and shall be interpreted 2 32 consistently with 8 U.S.C. {1324a and any applicable federal 2 33 regulations. 2 34 10. "License" means an agency permit, certificate, approval, 2 35 registration, charter, or similar form of authorization, other 3 1 than a professional license, that is required by law and that 3 2 is issued by an agency for the purposes of operating a business 3 3 in this state, including by a foreign corporation. 3 4 11. "Social security number verification service" means 3 5 the program administered by the United States social security 3 6 administration or any successor program. 3 7 12. "Unauthorized alien" means an alien who does not have 3 8 the legal right or authorization under federal law to work in 3 9 the United States as described in 8 U.S.C. {1324a(h)(3). 3 10 Sec. 3. NEW SECTION. 93.2 Knowingly or intentionally 3 11 employing unauthorized aliens. 3 12 1. Knowingly or intentionally employing unauthorized aliens 3 13 prohibited. An employer shall not knowingly or intentionally 3 14 employ an unauthorized alien. If an employer uses a contract, 3 15 subcontract, or other independent contractor agreement to 3 16 obtain the labor of an alien in this state, and the employer 3 17 knowingly or intentionally contracts with an unauthorized 3 18 alien or with a person who employs or contracts with an 3 19 unauthorized alien to perform the labor, the employer violates 3 20 this subsection. 3 21 2. Complaints. 3 22 a. The attorney general shall prescribe a complaint form 3 23 for a person to allege a violation of subsection 1. The 3 24 complainant shall not be required to list the complainant's 3 25 social security number on the complaint form or to have the 3 26 complaint form notarized. Complaints shall be submitted to the 3 27 attorney general or a county attorney. A complaint that is 3 28 submitted to a county attorney shall be submitted to the county 3 29 attorney in the county in which the alleged unauthorized alien 3 30 is or was employed by the employer. This subsection shall not 3 31 be construed to prohibit the filing of anonymous complaints 3 32 that are not submitted on a prescribed complaint form. 3 33 b. On receipt of a complaint on a prescribed complaint form 3 34 that an employer allegedly knowingly or intentionally employs 3 35 or employed an unauthorized alien, the attorney general or 4 1 county attorney shall investigate whether the employer has 4 2 violated subsection 1. If a complaint is received but is not 4 3 submitted on a prescribed complaint form, the attorney general 4 4 or county attorney may investigate whether the employer has 4 5 violated subsection 1. 4 6 c. The attorney general or county attorney shall not 4 7 investigate complaints that are based solely on race, color, 4 8 or national origin. The county sheriff or any other local law 4 9 enforcement agency may assist in investigating a complaint. 4 10 When investigating a complaint, the attorney general or county 4 11 attorney shall verify the work authorization of the alleged 4 12 unauthorized alien with the federal government pursuant to 8 4 13 U.S.C. {1373(c). A state, county, or local official shall not 4 14 attempt to independently make a final determination on whether 4 15 an alien is authorized to work in the United States. 4 16 d. A person who knowingly files a false and frivolous 4 17 complaint under this subsection is guilty of a simple 4 18 misdemeanor. 4 19 3. Required notifications. 4 20 a. If, after an investigation, the attorney general or 4 21 county attorney determines that the complaint is not false and 4 22 not frivolous, the attorney general or county attorney shall 4 23 notify the following entities of the unauthorized alien: 4 24 (1) The United States immigration and customs enforcement. 4 25 (2) The local law enforcement agency. 4 26 b. The attorney general shall notify the appropriate county 4 27 attorney to bring an action pursuant to subsection 4 if the 4 28 complaint was originally filed with the attorney general. 4 29 4. Court action required. An action for a violation of 4 30 subsection 1 shall be brought against the employer by the 4 31 county attorney in the district court of the county where the 4 32 unauthorized alien employee is or was employed by the employer. 4 33 The district court shall expedite the action, including 4 34 assigning a hearing at the earliest practicable date. 4 35 5. Court order == first violation. On a finding of a first 5 1 violation as described in subsection 7, the court shall require 5 2 by order all of the following: 5 3 a. The employer shall terminate the employment of all 5 4 unauthorized aliens. 5 5 b. (1) For a knowing violation, the employer shall be 5 6 subject to a three=year probationary period for the business 5 7 location where the unauthorized alien performed work. 5 8 (2) For an intentional violation, the employer shall be 5 9 subject to a five=year probationary period for the business 5 10 location where the unauthorized alien performed work. 5 11 (3) During the probationary period, the employer shall file 5 12 quarterly reports on the form prescribed in section 252G.3 with 5 13 the county attorney for each new employee who is hired by the 5 14 employer at the business location where the unauthorized alien 5 15 performed work. 5 16 c. The employer shall file a signed sworn affidavit with 5 17 the county attorney within three business days after the order 5 18 is issued. The affidavit shall state that the employer has 5 19 terminated the employment of all unauthorized aliens in this 5 20 state and that the employer will not knowingly or intentionally 5 21 employ an unauthorized alien in this state. 5 22 (1) The court shall order the appropriate agencies to 5 23 suspend all licenses that are held by the employer if the 5 24 employer fails to file a signed sworn affidavit with the county 5 25 attorney within three business days after the order is issued. 5 26 All licenses that are suspended shall remain suspended until 5 27 the employer files a signed sworn affidavit with the county 5 28 attorney. Upon filing of the affidavit, the suspended licenses 5 29 shall be reinstated immediately by the appropriate agencies. 5 30 (2) Licenses that are subject to suspension under this 5 31 paragraph "c" are all licenses that are held by the employer 5 32 specific to the business location where the unauthorized alien 5 33 performed work. If the employer does not hold a license 5 34 specific to the business location where the unauthorized alien 5 35 performed work, but a license is necessary to operate the 6 1 employer's business in general, the licenses that are subject 6 2 to suspension under this paragraph "c" are all licenses that 6 3 are held by the employer at the employer's primary place of 6 4 business. On receipt of the court's order, the appropriate 6 5 agencies shall suspend the licenses according to the court's 6 6 order. The court shall send a copy of the court's order to the 6 7 attorney general and the attorney general shall maintain the 6 8 copy pursuant to subsection 8. 6 9 (3) For a knowing violation, the court may order the 6 10 appropriate agencies to suspend all licenses described in this 6 11 paragraph "c" that are held by the employer for not more than 6 12 ten business days. For an intentional violation, the court 6 13 shall order the appropriate agencies to suspend all licenses 6 14 described in this paragraph "c" that are held by the employer 6 15 for a minimum of ten business days. The court shall base its 6 16 decision to suspend under this subparagraph on any evidence or 6 17 information submitted to it during the action for a violation 6 18 of subsection 1 and shall consider the following factors, if 6 19 relevant: 6 20 (a) The number of unauthorized aliens employed by the 6 21 employer. 6 22 (b) Any prior misconduct by the employer. 6 23 (c) The degree of harm resulting from the violation. 6 24 (d) Whether the employer made good=faith efforts to comply 6 25 with any applicable requirements. 6 26 (e) The duration of the violation. 6 27 (f) The role of the directors, officers, or principals of 6 28 the employer in the violation. 6 29 (g) Any other factors the court deems appropriate. 6 30 6. Court order == second violation. For a second violation, 6 31 as described in subsection 7, the court shall order the 6 32 appropriate agencies to permanently revoke all licenses that 6 33 are held by the employer specific to the business location 6 34 where the unauthorized alien performed work. If the employer 6 35 does not hold a license specific to the business location 7 1 where the unauthorized alien performed work, but a license 7 2 is necessary to operate the employer's business in general, 7 3 the court shall order the appropriate agencies to permanently 7 4 revoke all licenses that are held by the employer at the 7 5 employer's primary place of business. On receipt of the order, 7 6 the appropriate agencies shall immediately revoke the licenses. 7 7 7. Violations defined. 7 8 a. The violation shall be considered a first violation by 7 9 an employer at a business location if the violation did not 7 10 occur during a probationary period ordered by the court under 7 11 subsection 5, paragraph "b", for that employer's business 7 12 location. 7 13 b. The violation shall be considered a second violation by 7 14 an employer at a business location if the violation occurred 7 15 during a probationary period ordered by the court under 7 16 subsection 5, paragraph "b", for that employer's business 7 17 location. 7 18 8. Attorney general database. The attorney general shall 7 19 maintain copies of court orders that are received pursuant to 7 20 subsection 5, paragraph "c", and shall maintain a database 7 21 of the employers and business locations that have a first 7 22 violation of subsection 1 and make the court orders available 7 23 on the attorney general's internet site. 7 24 9. Federal determination governs. In determining whether 7 25 an employee is an unauthorized alien, the court shall consider 7 26 only the federal government's determination contained in 7 27 its response to an inquiry pursuant to 8 U.S.C. {1373(c). 7 28 The federal government's determination creates a rebuttable 7 29 presumption of the employee's lawful status. The court may 7 30 take judicial notice of the federal government's determination 7 31 and may request the federal government to provide automated or 7 32 testimonial verification pursuant to 8 U.S.C. {1373(c). 7 33 10. E=verify rebuttable presumption. For the purposes of 7 34 this section, proof of verifying the employment authorization 7 35 of an employee through the e=verify program creates a 8 1 rebuttable presumption that an employer did not knowingly or 8 2 intentionally employ an unauthorized alien. 8 3 11. Good=faith compliance. For the purposes of this 8 4 section, an employer that establishes that it has complied 8 5 in good faith with the requirements of 8 U.S.C. {1324a(b) 8 6 establishes an affirmative defense that the employer did not 8 7 knowingly or intentionally employ an unauthorized alien. An 8 8 employer is considered to have complied with the requirements 8 9 of 8 U.S.C. {1324a(b), notwithstanding an isolated, sporadic, 8 10 or accidental technical or procedural failure to meet the 8 11 requirements, if there is a good=faith attempt to comply with 8 12 the requirements. 8 13 12. Entrapment as affirmative defense. 8 14 a. It is an affirmative defense to a violation of subsection 8 15 1 that the employer was entrapped. To claim entrapment, the 8 16 employer must admit by the employer's testimony or other 8 17 evidence the substantial elements of the violation. An 8 18 employer who asserts an entrapment defense has the burden 8 19 of proving all of the following by a preponderance of the 8 20 evidence: 8 21 (1) The idea of committing the violation started with law 8 22 enforcement officers or their agents rather than with the 8 23 employer. 8 24 (2) The law enforcement officers or their agents urged and 8 25 induced the employer to commit the violation. 8 26 (3) The employer was not predisposed to commit the violation 8 27 before the law enforcement officers or their agents urged and 8 28 induced the employer to commit the violation. 8 29 b. An employer does not establish entrapment if the employer 8 30 was predisposed to violate subsection 1 and the law enforcement 8 31 officers or their agents merely provided the employer with an 8 32 opportunity to commit the violation. It is not entrapment for 8 33 law enforcement officers or their agents merely to use a ruse 8 34 or to conceal their identity. The conduct of law enforcement 8 35 officers and their agents may be considered in determining if 9 1 an employer has proven entrapment. 9 2 Sec. 4. NEW SECTION. 93.3 E=verify program == employer 9 3 participation. 9 4 1. An employer, after hiring an employee, shall verify the 9 5 employment eligibility of the employee through the e=verify 9 6 program and shall keep a record of the verification for the 9 7 duration of the employee's employment or at least three years, 9 8 whichever is longer. 9 9 2. In addition to any other requirement for an employer to 9 10 receive an economic development incentive from a government 9 11 entity, the employer shall register with and participate 9 12 in the e=verify program. Before receiving the economic 9 13 development incentive, the employer shall provide proof to the 9 14 government entity that the employer is registered with and 9 15 is participating in the e=verify program. If the government 9 16 entity determines that the employer is not complying with this 9 17 subsection, the government entity shall notify the employer 9 18 by certified mail of the government entity's determination 9 19 of noncompliance and the employer's right to appeal the 9 20 determination. On a final determination of noncompliance, 9 21 the employer shall repay all moneys received as an economic 9 22 development incentive to the government entity within thirty 9 23 days of the final determination. 9 24 3. Every three months, the attorney general shall request 9 25 from the United States department of homeland security a list 9 26 of employers from this state that are registered with the 9 27 e=verify program. On receipt of the list of employers, the 9 28 attorney general shall make the list available on the attorney 9 29 general's internet site. 9 30 Sec. 5. NEW SECTION. 321.518 Unlawful aliens == vehicle 9 31 immobilization or impoundment. 9 32 1. For purposes of this section: 9 33 a. "Immobilization" means the installation of a device in 9 34 a motor vehicle that completely prevents a motor vehicle from 9 35 being operated, or the installation of an ignition interlock 10 1 device of a type approved by the commissioner of public safety. 10 2 b. "Impoundment" means the process of seizure and 10 3 confinement within an enclosed area of a motor vehicle, for the 10 4 purpose of restricting access to the vehicle. 10 5 2. A peace officer shall cause the removal and either 10 6 immobilization or impoundment of a vehicle if the peace officer 10 7 determines that a person is driving the vehicle while any of 10 8 the following applies: 10 9 a. In furtherance of the illegal presence of an alien in 10 10 the United States and in violation of a criminal offense, the 10 11 person is transporting or moving or attempting to transport or 10 12 move an alien in this state in a vehicle if the person knows or 10 13 recklessly disregards the fact that the alien has come to, has 10 14 entered, or remains in the United States in violation of law. 10 15 b. The person is concealing, harboring, or shielding 10 16 or attempting to conceal, harbor, or shield from detection 10 17 an alien in this state in a vehicle if the person knows or 10 18 recklessly disregards the fact that the alien has come to, 10 19 entered, or remains in the United States in violation of law. 10 20 Sec. 6. NEW SECTION. 823.1 Interference with enforcement 10 21 prohibited. 10 22 An official or agency of this state or a political 10 23 subdivision of this state shall not limit or restrict the 10 24 enforcement of federal immigration laws to less than the full 10 25 extent permitted by federal law. 10 26 Sec. 7. NEW SECTION. 823.2 Determination of immigration 10 27 status. 10 28 For a lawful contact made by a law enforcement official or 10 29 a law enforcement agency of this state or a law enforcement 10 30 official or a law enforcement agency of a political subdivision 10 31 of this state where reasonable suspicion exists that a person 10 32 is an alien who is unlawfully present in the United States, 10 33 a reasonable attempt shall be made, when practicable, to 10 34 determine the immigration status of the person, except if the 10 35 determination may hinder or obstruct an investigation. A law 11 1 enforcement official or agency of this state or a political 11 2 subdivision of this state shall not solely consider race, 11 3 color, or national origin in implementing the requirements of 11 4 this section except to the extent permitted by the Constitution 11 5 of the United States or the Constitution of the State of Iowa. 11 6 A person is presumed to not be an alien who is unlawfully 11 7 present in the United States if the person provides to the law 11 8 enforcement officer or agency any of the following: 11 9 1. A valid Iowa driver's license. 11 10 2. A valid Iowa nonoperator's identification card. 11 11 3. A valid tribal enrollment card or other form of tribal 11 12 identification. 11 13 4. A valid United States, state, or local government=issued 11 14 identification if the government entity issuing the document 11 15 requires proof of legal presence in the United States before 11 16 issuance. 11 17 Sec. 8. NEW SECTION. 823.3 Notification of federal 11 18 authority. 11 19 If an alien who is unlawfully present in the United States is 11 20 convicted of a violation of state or local law, on discharge 11 21 from imprisonment or on the assessment of a monetary obligation 11 22 that is imposed, an official or agency of this state or a 11 23 political subdivision of this state shall immediately notify 11 24 the United States immigration and customs enforcement or the 11 25 United States customs and border protection. 11 26 Sec. 9. NEW SECTION. 823.4 Transportation of unlawful 11 27 aliens. 11 28 Notwithstanding any other provision of law, a law 11 29 enforcement agency may securely transport an alien for whom the 11 30 law enforcement agency has received verification that the alien 11 31 is unlawfully present in the United States and who is in the 11 32 law enforcement agency's custody to a federal facility in this 11 33 state or to any other point of transfer into federal custody 11 34 that is outside the jurisdiction of the law enforcement agency. 11 35 A law enforcement agency shall obtain judicial authorization 12 1 before securely transporting an alien who is unlawfully present 12 2 in the United States to a point of transfer that is outside of 12 3 this state. 12 4 Sec. 10. NEW SECTION. 823.5 Use of information for official 12 5 purpose. 12 6 Except as provided in federal law, an official or agency 12 7 of this state or a political subdivision of this state 12 8 shall not be prohibited or in any way be restricted from 12 9 sending, receiving, or maintaining information relating to 12 10 the immigration status, lawful or unlawful, of a person or 12 11 exchanging that information with any other federal, state, or 12 12 local governmental entity for any of the following official 12 13 purposes: 12 14 1. Determining eligibility for a public benefit, service, 12 15 or license provided by the federal, this state, or a local or 12 16 other governmental subdivision of this state. 12 17 2. Verifying a claim of residence or domicile if 12 18 determination of residence or domicile is required under the 12 19 laws of this state or a judicial order issued pursuant to a 12 20 civil or criminal proceeding in this state. 12 21 3. If the person is an alien, determining whether the person 12 22 is in compliance with the federal registration laws prescribed 12 23 by 8 U.S.C. {1301=1306. 12 24 4. Communicating with a federal government entity pursuant 12 25 to 8 U.S.C. {1373 or 8 U.S.C. {1644. 12 26 Sec. 11. NEW SECTION. 823.6 Civil suit and penalty. 12 27 A person who is a legal resident of this state may bring an 12 28 action in district court to challenge an official or agency of 12 29 this state or a political subdivision of this state that adopts 12 30 or implements a policy or practice that limits or restricts 12 31 the enforcement of federal immigration laws to less than the 12 32 full extent permitted by federal law. If a judicial finding is 12 33 made that an entity has violated this chapter, the court shall 12 34 order that the entity pay a civil penalty of not less than 12 35 one thousand dollars and not more than five thousand dollars 13 1 for each day that the policy has remained in effect after the 13 2 filing of an action pursuant to this section. 13 3 Sec. 12. NEW SECTION. 823.7 Remittance of civil penalty. 13 4 A court shall collect the civil penalty prescribed in 13 5 section 823.6 and remit the civil penalty to the treasurer 13 6 of state for deposit in the unlawful alien enforcement fund 13 7 created in section 80.41. 13 8 Sec. 13. NEW SECTION. 823.8 Court costs and attorney fees. 13 9 The court may award court costs and reasonable attorney 13 10 fees to a person or an official or agency of this state or 13 11 a political subdivision of this state that prevails by an 13 12 adjudication on the merits in a proceeding brought pursuant to 13 13 section 823.6. 13 14 Sec. 14. NEW SECTION. 823.9 Indemnification. 13 15 A law enforcement officer shall be indemnified by the 13 16 officer's agency against reasonable costs and expenses, 13 17 including attorney fees, incurred by the officer in connection 13 18 with an action, suit, or proceeding brought pursuant to this 13 19 chapter in which the officer may be a defendant by reason 13 20 of the officer being or having been a member of the law 13 21 enforcement agency, except in relation to matters in which the 13 22 officer is adjudged to have acted in bad faith. 13 23 Sec. 15. NEW SECTION. 823.10 Consistency with existing law. 13 24 This chapter shall be implemented and administered in a 13 25 manner consistent with federal laws regulating immigration, 13 26 protecting the civil rights of all persons, and respecting the 13 27 privileges and immunities of United States citizens. 13 28 Sec. 16. IMPLEMENTATION OF ACT. 13 29 1. This Act shall be implemented and administered in a 13 30 manner consistent with federal laws regulating immigration, 13 31 protecting the civil rights of all persons, and respecting the 13 32 privileges and immunities of United States citizens. 13 33 2. Section 25B.2, subsection 3, shall not apply to this Act. 13 34 EXPLANATION 13 35 The inclusion of this explanation does not constitute agreement with 14 1 the explanation's substance by the members of the general assembly. 14 2 This bill relates to unlawful aliens and law enforcement in 14 3 Iowa. 14 4 UNLAWFUL ALIEN IMMIGRATION FUND. The bill creates an 14 5 unlawful alien enforcement fund in the state treasury under 14 6 the control of the department of public safety, subject to 14 7 appropriation by the general assembly. The bill provides 14 8 that the fund will consist of certain penalties, as well as 14 9 moneys appropriated by the general assembly. The bill requires 14 10 the moneys in the fund to be used for enforcement of laws 14 11 relating to unlawful aliens and for incarceration costs for 14 12 unlawful aliens. Interest or earnings on moneys credited 14 13 to the unlawful alien enforcement fund will be credited to 14 14 the unlawful alien enforcement fund. Moneys credited to the 14 15 unlawful alien enforcement fund at the end of a fiscal year 14 16 will not revert to any other fund but will remain in the 14 17 unlawful alien enforcement fund. 14 18 EMPLOYMENT OF UNAUTHORIZED ALIENS PROHIBITED. The bill 14 19 provides definitions relating to employment of unauthorized 14 20 aliens. The bill prohibits employers that transact business 14 21 in Iowa and that have a business license issued by an agency 14 22 in Iowa from knowingly or intentionally employing unauthorized 14 23 aliens. The bill directs the attorney general to prescribe a 14 24 complaint form for alleged violations of the prohibition. The 14 25 bill provides that complaints may be submitted to the attorney 14 26 general or the county attorney in the county in which the 14 27 alleged unauthorized alien is or was employed by the employer. 14 28 The bill directs the attorney general or county attorney to 14 29 investigate complaints, and to verify the work authorization 14 30 of an alleged unauthorized alien with the federal government. 14 31 The bill prohibits the attorney general or county attorney 14 32 from investigating complaints that are based solely on race, 14 33 color, or national origin. The bill allows a county sheriff 14 34 or other local law enforcement to assist in an investigation. 14 35 The bill provides that a person who knowingly files a false and 15 1 frivolous complaint is guilty of a simple misdemeanor, which is 15 2 punishable by confinement for no more than 30 days or a fine of 15 3 at least $65 but not more than $625 or by both. 15 4 The bill requires the attorney general or county attorney 15 5 to notify United States immigration and customs enforcement, 15 6 the local law enforcement agency, and, if the attorney general 15 7 is the one investigating, the county attorney, of a complaint 15 8 that is not false and not frivolous. The bill requires the 15 9 county attorney to bring an action in district court against an 15 10 employer for a violation in the county where the unauthorized 15 11 alien employee is or was employed by the employer. The bill 15 12 provides that such an action must be expedited by the court. 15 13 The bill provides that for a first violation, the court 15 14 must order the employer to terminate the employment of all 15 15 unauthorized aliens and to submit a signed sworn affidavit 15 16 to that effect or face suspension of business licenses by 15 17 appropriate agencies. The court will also order a three=year 15 18 probationary period for a knowing violation or a five=year 15 19 probationary period for an intentional violation by an 15 20 employer. For a knowing violation, the court may also 15 21 order the suspension of the employer's business licenses 15 22 by appropriate agencies for up to 10 business days, after 15 23 considering certain factors. For an intentional violation, 15 24 the court must order the suspension of the employer's business 15 25 licenses by appropriate agencies for at least 10 business days, 15 26 after considering certain factors. The bill provides that for 15 27 a second violation, defined as a violation occurring during a 15 28 probationary period for a previous violation, the court must 15 29 order the permanent revocation of the employer's business 15 30 licenses. The bill directs the attorney general to maintain an 15 31 online database of first=time offenders. 15 32 The bill provides that the district court can only consider 15 33 a determination by the federal government in determining the 15 34 immigration status of an alleged unauthorized alien employed by 15 35 an employer. The bill provides that a determination of lawful 16 1 status by the federal government will create a rebuttable 16 2 presumption of the employee's lawful status, as well as a 16 3 rebuttable presumption that an employer did not knowingly or 16 4 intentionally employ an unauthorized alien. The bill provides 16 5 that an employer who establishes that the employer complied in 16 6 good faith with 8 U.S.C. {1324a(b) establishes an affirmative 16 7 defense that the employer did not knowingly or intentionally 16 8 employ an unauthorized alien. The bill provides that an 16 9 employer is considered to have complied with the requirements 16 10 of 8 U.S.C. {1324a(b), notwithstanding an isolated, sporadic, 16 11 or accidental technical or procedural failure to meet the 16 12 requirements, if there is a good=faith attempt to comply with 16 13 the requirements. The bill provides an employer with an 16 14 affirmative defense of entrapment if certain elements are met. 16 15 The bill requires an employer hiring a new employee to 16 16 verify the employee's employment eligibility through the 16 17 federal e=verify program. The bill requires the employer 16 18 to keep records of the verification for the duration of the 16 19 employee's employment or three years, whichever is longer. The 16 20 bill requires an employer receiving an economic development 16 21 incentive from a state government entity to register with the 16 22 federal e=verify program. The bill provides that an employer 16 23 who does not comply with the requirement must repay all moneys 16 24 received for the economic development incentive. The bill 16 25 provides an employer the right to appeal a determination of 16 26 noncompliance, and does not require repayment until a final 16 27 determination of noncompliance is made. The bill directs the 16 28 attorney general to request from the United States department 16 29 of homeland security a list of employers registered with the 16 30 e=verify program every three months. The bill directs the 16 31 attorney general to make the list available on the attorney 16 32 general's internet site. 16 33 IMMOBILIZATION OR IMPOUNDMENT OF VEHICLES. The bill 16 34 requires a peace officer to immobilize or impound a vehicle if 16 35 the officer determines that the driver, in furtherance of the 17 1 illegal presence of an alien in the United States and while 17 2 violating another criminal offense, is transporting or moving 17 3 or attempting to transport or move an alien in the vehicle if 17 4 the person knows or recklessly disregards the fact that the 17 5 alien has come to, has entered, or remains in the United States 17 6 illegally. The bill requires a peace officer to immobilize or 17 7 impound a vehicle if the officer determines that the driver is 17 8 concealing, harboring, or shielding or attempting to conceal, 17 9 harbor, or shield from detection an alien in the vehicle if 17 10 the person knows or recklessly disregards the fact that the 17 11 alien has come to, entered, or remains in the United States 17 12 illegally. The bill provides definitions. 17 13 ENFORCEMENT OF IMMIGRATION LAWS. The bill creates new Code 17 14 chapter 823, relating to enforcement of immigration laws. 17 15 The bill prohibits officials and agencies of this state or 17 16 its political subdivisions from restricting or limiting the 17 17 enforcement of the federal immigration laws to less than the 17 18 full extent permitted by federal law. The bill requires law 17 19 enforcement officials and law enforcement agencies of this 17 20 state or its political subdivisions to reasonably attempt to 17 21 determine the immigration status of a person involved in a 17 22 lawful contact where reasonable suspicion exists regarding the 17 23 immigration status of the person, except if the determination 17 24 may hinder or obstruct an investigation. The bill stipulates 17 25 that a law enforcement official or agency cannot solely 17 26 consider race, color, or national origin when implementing 17 27 these provisions, except as permitted by the United States 17 28 or Iowa constitution. The bill specifies that a person is 17 29 presumed to be lawfully present if the person provides certain 17 30 documentation. The bill provides that if a person is convicted 17 31 of a violation of a state or local law, on discharge from 17 32 imprisonment or on the assessment of any monetary obligation 17 33 imposed, the United States immigration and customs enforcement 17 34 or the United States customs and border protection must be 17 35 immediately notified. The bill authorizes a law enforcement 18 1 agency to securely transport an unlawfully present alien to 18 2 a federal facility. The bill prohibits, except as provided 18 3 in federal law, officials and agencies of this state and its 18 4 political subdivisions from being prevented or restricted from 18 5 sending, receiving, or maintaining information relating to 18 6 the immigration status of an individual or exchanging that 18 7 information with another governmental entity for certain 18 8 official purposes. 18 9 The bill allows a person who is a legal resident of this 18 10 state to bring an action in district court to challenge 18 11 officials and agencies of the state and its political 18 12 subdivisions that adopt or implement a policy that limits or 18 13 restricts the enforcement of federal immigration laws to less 18 14 than the full extent permitted by federal law, and provides for 18 15 a civil penalty. The bill provides for indemnification of law 18 16 enforcement officers against actions brought under new Code 18 17 chapter 823, except if the officer has been adjudged to have 18 18 acted in bad faith. The bill stipulates that new Code chapter 18 19 823 is to be implemented consistent with federal immigration 18 20 law protecting the civil rights of all persons and respecting 18 21 the privileges and immunities of United States citizens. 18 22 IMPLEMENTATION OF ACT. The bill provides that the bill 18 23 must be implemented in a manner consistent with federal laws 18 24 regulating immigration, protecting the civil rights of all 18 25 persons, and respecting the privileges and immunities of United 18 26 States citizens. 18 27 The bill may include a state mandate as defined in Code 18 28 section 25B.3. The bill makes inapplicable Code section 25B.2, 18 29 subsection 3, which would relieve a political subdivision from 18 30 complying with a state mandate if funding for the cost of 18 31 the state mandate is not provided or specified. Therefore, 18 32 political subdivisions are required to comply with any state 18 33 mandate included in the bill. LSB 5180YH (5) 86 je/rj
