Bill Text: IA HF2219 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing procedures for responses by local law enforcement agencies to certain requests from United States immigration and customs enforcement.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2018-02-02 - Introduced, referred to Public Safety. H.J. 200. [HF2219 Detail]
Download: Iowa-2017-HF2219-Introduced.html
House File 2219 - Introduced HOUSE FILE BY STAED A BILL FOR 1 An Act providing procedures for responses by local law 2 enforcement agencies to certain requests from United States 3 immigration and customs enforcement. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5879YH (3) 87 je/rj PAG LIN 1 1 Section 1. NEW SECTION. 823.1 Definitions. 1 2 For the purposes of this chapter, unless the context 1 3 otherwise requires: 1 4 1. "Hold request" means a request by federal immigration 1 5 and customs enforcement that a local law enforcement agency 1 6 maintain custody of an individual currently in the agency's 1 7 custody beyond the time the individual would otherwise be 1 8 eligible for release from custody in order to facilitate 1 9 transfer to federal immigration and customs enforcement, and 1 10 includes but is not limited to United States department of 1 11 homeland security form I=247D. 1 12 2. "Immigration and customs enforcement access" means access 1 13 to an individual by United States immigration and customs 1 14 enforcement for the purposes of civil immigration enforcement, 1 15 including when an individual is stopped with or without their 1 16 consent, arrested, detained, or otherwise under the control 1 17 of the local law enforcement agency. "Immigration and customs 1 18 enforcement access" includes all of the following: 1 19 a. Responding to a hold, notification, or transfer request 1 20 by United States immigration and customs enforcement. 1 21 b. Providing notification to United States immigration and 1 22 customs enforcement that an individual is being or will be 1 23 released at a certain date and time through data sharing or 1 24 other means in advance of public notification. 1 25 c. Providing United States immigration and customs 1 26 enforcement information that is not publicly available 1 27 regarding release dates, home addresses, or work addresses, 1 28 whether through computer databases, jail logs, or other means. 1 29 d. Allowing United States immigration and customs 1 30 enforcement to interview an individual. 1 31 e. Providing United States immigration and customs 1 32 enforcement information regarding dates and times of probation 1 33 or parole check=ins. 1 34 3. "Notification request" means a United States immigration 1 35 and customs enforcement request that a local law enforcement 2 1 agency inform United States immigration and customs enforcement 2 2 of the release date and time of an individual in its custody in 2 3 advance of public notification and includes but is not limited 2 4 to United States department of homeland security form I=247N. 2 5 4. "Transfer request" means a United States immigration 2 6 and customs enforcement request that a local law enforcement 2 7 agency facilitate the transfer of an individual in the agency's 2 8 custody to the custody of United States immigration and customs 2 9 enforcement, and includes but is not limited to United States 2 10 department of homeland security form I=247X. 2 11 Sec. 2. NEW SECTION. 823.2 Immigration and customs 2 12 enforcement interviews and request == procedures. 2 13 1. A local law enforcement agency shall provide an 2 14 individual in the agency's custody with a written notification 2 15 form in advance of any interview between the individual and 2 16 United States immigration and customs enforcement regarding 2 17 a civil immigration violation. The form shall include an 2 18 explanation of the purpose of the interview, that the interview 2 19 is voluntary, and that the individual may decline to be 2 20 interviewed or may choose to be interviewed only with the 2 21 individual's attorney present. The written notification form 2 22 shall be available in English, Spanish, and any other language 2 23 a local law enforcement agency determines to be appropriate. 2 24 If a form in an individual's native language is not available, 2 25 a local law enforcement agency shall provide for translation of 2 26 the form into the individual's native language. A local law 2 27 enforcement agency shall not delay release of an individual 2 28 from custody due to the unavailability of a form in the 2 29 individual's native language or translation services. 2 30 2. Upon receiving a hold, notification, or transfer request 2 31 from United States immigration and customs enforcement, a local 2 32 law enforcement agency shall provide a copy of the request to 2 33 the individual who is the subject of the request and inform 2 34 the individual whether the agency intends to comply with the 2 35 request. A local law enforcement agency that provides United 3 1 States immigration and customs enforcement with notification 3 2 that an individual is being or will be released from custody 3 3 on a certain date shall promptly provide the same notification 3 4 in writing to the individual and to either the individual's 3 5 attorney or one additional person who the individual may 3 6 designate. 3 7 Sec. 3. NEW SECTION. 823.3 Community forum. 3 8 1. Beginning January 1, 2019, the governing body of any 3 9 county or city of which a local law enforcement agency has 3 10 provided immigration and customs enforcement access to an 3 11 individual during the last year shall hold at least one 3 12 community forum during the following year. The community forum 3 13 shall be open to the public in an accessible location with at 3 14 least thirty days' notice. The local law enforcement agency 3 15 shall utilize the community forum to provide information to 3 16 the public about immigration and customs enforcement access to 3 17 individuals in the county or city and to receive and consider 3 18 public comment. 3 19 2. As part of the community forum, the local law enforcement 3 20 agency may provide the governing body of the county or city 3 21 with data the agency maintains regarding the number and 3 22 demographic characteristics of individuals to whom the agency 3 23 has provided immigration and customs enforcement access, the 3 24 date immigration and customs enforcement access was provided, 3 25 and whether the immigration and customs enforcement access was 3 26 provided through a hold, transfer, or notification request 3 27 or through other means. Data may be provided in the form of 3 28 statistics or, if statistics are not maintained, individual 3 29 records, provided that personally identifiable information 3 30 shall be redacted from such records. 3 31 Sec. 4. NEW SECTION. 823.4 Public records. 3 32 All records relating to immigration and customs enforcement 3 33 access provided by local law enforcement agencies, including 3 34 all communication with United States immigration and customs 3 35 enforcement, shall be public records subject to the provisions 4 1 of chapter 22. Records relating to immigration and customs 4 2 enforcement access include but are not limited to data 4 3 maintained by the local law enforcement agency regarding the 4 4 number and demographic characteristics of individuals to whom 4 5 the agency has provided immigration and customs enforcement 4 6 access, the date immigration and customs enforcement access 4 7 was provided, and whether immigration and customs enforcement 4 8 access was provided through a hold, transfer, or notification 4 9 request or through other means. 4 10 Sec. 5. NEW SECTION. 823.5 Rule of construction == 4 11 immigration and customs enforcement hold requests. 4 12 This chapter shall not be construed to provide, expand, 4 13 or ratify the legal authority of any state or local law 4 14 enforcement agency to detain an individual based upon a United 4 15 States immigration and customs enforcement hold request. 4 16 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 17 3, shall not apply to this Act. 4 18 EXPLANATION 4 19 The inclusion of this explanation does not constitute agreement with 4 20 the explanation's substance by the members of the general assembly. 4 21 This bill requires a local law enforcement agency to 4 22 provide an individual in the agency's custody with a written 4 23 notification form in advance of any interview between 4 24 the individual and United States immigration and customs 4 25 enforcement regarding a civil immigration violation. The bill 4 26 provides that the form shall include an explanation of the 4 27 purpose of the interview, that the interview is voluntary, and 4 28 that the individual may decline to be interviewed or may choose 4 29 to be interviewed only with the individual's attorney present. 4 30 The bill provides for the translation of the form into an 4 31 individual's native language. 4 32 The bill requires a local law enforcement agency, upon 4 33 receiving a hold, notification, or transfer request from United 4 34 States immigration and customs enforcement, to provide a copy 4 35 of the request to the individual who is the subject of the 5 1 request and inform the individual whether the agency intends 5 2 to comply with the request. The bill requires a local law 5 3 enforcement agency that provides United States immigration 5 4 and customs enforcement with notification that an individual 5 5 is being or will be released from custody on a certain date 5 6 to promptly provide the same notification in writing to the 5 7 individual and to either the individual's attorney or one 5 8 additional person who the individual may designate. 5 9 Beginning January 1, 2019, the bill requires the governing 5 10 body of any county or city of which a local law enforcement 5 11 agency has provided immigration and customs enforcement 5 12 access to an individual during the last year to hold at least 5 13 one community forum during the following year. The local 5 14 law enforcement agency shall utilize the community forum to 5 15 provide information to the public about immigration and customs 5 16 enforcement access to individuals in the county or city and to 5 17 receive and consider public comment. The bill authorizes a law 5 18 enforcement agency to provide the governing body of the county 5 19 or city with data the agency maintains regarding the number and 5 20 demographic characteristics of individuals to whom the agency 5 21 has provided immigration and customs enforcement access as part 5 22 of the community forum. 5 23 The bill provides that all records relating to immigration 5 24 and customs enforcement access to individuals provided by local 5 25 law enforcement agencies, including all communication with 5 26 United States immigration and customs enforcement, shall be 5 27 public records subject to the provisions of Code chapter 22, 5 28 the state public records law. 5 29 The bill shall not be construed to provide, expand, or ratify 5 30 the legal authority of any state or local law enforcement 5 31 agency to detain an individual based upon a United States 5 32 immigration and customs enforcement hold request. 5 33 The bill may include a state mandate as defined in Code 5 34 section 25B.3. The bill makes inapplicable Code section 25B.2, 5 35 subsection 3, which would relieve a political subdivision from 6 1 complying with a state mandate if funding for the cost of 6 2 the state mandate is not provided or specified. Therefore, 6 3 political subdivisions are required to comply with any state 6 4 mandate included in the bill. LSB 5879YH (3) 87 je/rj
