Bill Text: MS HB591 | 2016 | Regular Session | Introduced


Bill Title: Sanctuary cities; prohibit the establishment of.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-02-23 - Died In Committee [HB591 Detail]

Download: Mississippi-2016-HB591-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary A

By: Representative Currie

House Bill 591

AN ACT TO PROHIBIT THE ESTABLISHMENT OF SANCTUARY CITIES; TO AUTHORIZE ALL MISSISSIPPI LAW ENFORCEMENT OFFICERS TO ASSIST FEDERAL AGENCIES IN ENFORCEMENT OF IMMIGRATION LAW; TO REQUIRE COOPERATION AND ASSISTANCE IN ENFORCEMENT OF IMMIGRATION LAWS AND TO INDEMNIFY LAW ENFORCEMENT OFFICERS FOR IMPLEMENTATION OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  No official or governing authority of a municipality of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.

     (2)  Except as provided in federal law, no official or governing authority of a municipality of this state may be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

          (a)  Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.

          (b)  Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.

          (c)  If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by the federal Immigration and Nationality Act.

          (d)  Pursuant to 8 USC Section 1373 and 8 USC Section 1644.

     (3)  This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.

     SECTION 2.  (1)  All law enforcement officers of this state are authorized to assist federal agencies in the enforcement of federal immigration law.

     (2)  If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the United States Immigration and Customs Enforcement or the United States Customs and Border Protection shall be notified immediately.

     (3)  Notwithstanding any other law, a law enforcement agency may securely transport to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency an alien for whom the agency has received verification that the alien is unlawfully present in the United States and is in the agency's custody.

     (4)  A law enforcement officer shall not be liable in any civil action for an arrest based on probable cause and in good faith under this section, or failure, in good faith, to make an arrest under the authority of this section.  A law enforcement officer is indemnified by the law enforcement officer's agency against reasonable costs and expenses, including attorney's fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section in which the officer may be a defendant by reason of the officer being or having been a member of the law enforcement agency.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.

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