January 24, 2019, Introduced by Reps. LaFave, Hornberger, Green, Hall and Markkanen and referred to the Committee on Military, Veterans and Homeland Security.
A bill to prohibit counties from enacting or enforcing any
law, ordinance, policy, or rule that limits local officials,
officers, or employees from communicating or cooperating with
appropriate federal officials concerning the immigration status of
individuals; to prescribe the powers and duties of certain state
and local officers, officials, and employees; and to prescribe
penalties and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"county sanctuary policy prohibition act".
Sec. 3. As used in this act, "county" includes any of the
following:
(a) The county board of commissioners of a county.
(b) A board, department, commission, council, agency, or body
that is created or primarily funded by a county.
(c) An officer or official of a county.
Sec. 5. A county shall not enact or enforce any law,
ordinance, policy, or rule that limits or prohibits a peace officer
or local official, officer, or employee from communicating or
cooperating with appropriate federal officials concerning the
immigration status of an individual in this state. Any law,
ordinance, policy, or rule that violates this act is void and
unenforceable.
Sec. 7. Not later than 60 days after the effective date of
this act, if a county has an existing law, ordinance, policy, or
rule that violates this act, the county shall bring that law,
ordinance, policy, or rule into compliance with this act.
Sec. 9. Beginning 61 days after the effective date of this
act, if a county has, enacts, or enforces a law, ordinance, policy,
or rule that violates this act, an individual who is a resident of
that county may do either of the following:
(a) Bring an action to enforce this act in any circuit court
in the judicial district in which that county is located.
(b) File a complaint with the attorney general on a form
prescribed by the attorney general.
Sec. 11. (1) The attorney general may receive complaints
regarding violations of this act and investigate those complaints.
A county shall cooperate with any investigation conducted by the
department of the attorney general concerning a violation of this
act.
(2) Beginning 61 days after the effective date of this act, if
a county enacts or enforces a law, ordinance, policy, or rule that
violates this act, the attorney general shall bring an action to
enforce this act in the circuit court in the judicial district in
which that county is located.
Sec. 13. If an individual brings an action as described in
section 9, or if the attorney general brings an action as described
in section 11, and the court determines that the law, ordinance,
policy, or rule of the county violates this act, the court shall do
all of the following:
(a) Issue an injunction restraining the county from enforcing
the law, ordinance, policy, or rule.
(b) Order the county to amend or repeal the law, ordinance,
policy, or rule.
(c) Award actual damages, costs, and reasonable attorney fees
to the party challenging the law, ordinance, policy, or rule.