Bill Text: MI HB4720 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; local police; use of local police resources to investigate or arrest persons for immigration enforcement purposes; prohibit. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-13 - Bill Electronically Reproduced 06/08/2017 [HB4720 Detail]
Download: Michigan-2017-HB4720-Introduced.html
HOUSE BILL No. 4720
June 8, 2017, Introduced by Reps. Hammoud, LaGrand, Love, Neeley, Geiss, Chang, Gay-Dagnogo, Peterson, Rabhi, Cochran, Sabo, Wittenberg, Byrd, Moss, Sowerby, Green, Phelps and Jones and referred to the Committee on Law and Justice.
A bill to create the law enforcement information sharing act;
to prohibit the use of state and local law enforcement resources
for the enforcement of federal immigration laws; to provide for the
powers and duties of certain state and local governmental officers
and entities; and to provide for certain reporting requirements.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "law
enforcement information sharing act".
Sec. 2. As used in this act:
(a) "Civil immigration warrant" means any warrant for a
violation of federal civil immigration law, and includes civil
immigration warrants entered in the National Crime Information
Center database.
(b) "Federal immigration authority" means any officer,
employee, or person otherwise paid by or acting as an agent of
United States Immigration and Customs Enforcement or United States
Customs and Border Protection, or any division thereof, or any
other officer, employee, or person otherwise paid by or acting as
an agent of the United States Department of Homeland Security who
is charged with immigration enforcement.
(c) "Hold request", "notification request", and "transfer
request" include written requests issued by United States
Immigration and Customs Enforcement or United States Customs and
Border Protection as well as any other federal immigration
authorities to a law enforcement agency to provide notice of
release or transfer, or to maintain custody of an individual based
on an alleged violation of a civil immigration law.
(d) "Immigration enforcement" includes any effort to
investigate, enforce, or assist in the investigation or enforcement
of any federal civil immigration law, and also includes any effort
to investigate, enforce, or assist in the investigation or
enforcement of any federal criminal immigration law that penalizes
a person's presence in, entry, or reentry to, or employment in, the
United States, including, but not limited to, a violation of 8 USC
1253, 8 USC 1324c, or 8 USC 1325 to 1326.
(e) "Joint law enforcement task force" means a law enforcement
agency collaborating, engaging, or partnering with a federal law
enforcement agency in investigating, interrogating, detaining,
detecting, or arresting individuals for a criminal violation of
federal or state law.
(f) "Judicial warrant" means a warrant based on probable cause
and issued by a federal judge or a federal magistrate judge that
authorizes federal immigration authorities to take into custody the
person who is the subject of the warrant.
(g) "Law enforcement agency" means a state or local law
enforcement agency, including a school, community college, public
university, or private university public safety department or
security force.
Sec. 3. (1) A law enforcement agency in this state shall not
do any of the following:
(a) Use law enforcement agency funds, facilities, property,
equipment, or personnel to investigate, interrogate, detain,
detect, or arrest individuals for immigration enforcement purposes,
including, but not limited to, doing any of the following:
(i) Inquiring into or collecting information about an
individual's immigration status, except as required to comply with
18 USC 922.
(ii) Detaining an individual on the basis of a hold request.
(iii) Responding to notification or transfer requests unless
the request is supported by a judicial warrant.
(iv) Providing or responding to requests for nonpublic
personal information about an individual, including, but not
limited to, information about the individual's release date, home
address, or work address for immigration enforcement purposes.
(v) Making arrests based on civil immigration warrants.
(vi) Except as provided in this subparagraph, permitting
federal immigration authorities access to interview individuals in
the custody of a law enforcement agency. A law enforcement agency
shall not permit federal immigration authorities access to an
individual in the custody of the law enforcement agency if the
access is to interview the individual for immigration enforcement
purposes. A law enforcement agency shall permit federal immigration
authorities access to an individual in law enforcement custody for
investigative interviews or other investigative purposes if the
access is pursuant to a judicial warrant or for pursuing a
legitimate law enforcement purpose that is unrelated to the
enforcement of a civil immigration law. If a law enforcement agency
grants federal immigration authorities access to an individual in
law enforcement custody under this subparagraph, that individual
must be notified that he or she is speaking with federal
immigration authorities and the federal immigration authorities
must be required to wear duty jackets and make their badges visible
at all times.
(vii) Assisting federal immigration authorities in the
activities described in 8 USC 1357.
(viii) Performing the functions of an immigration officer,
under 8 USC 1357 or any other law, regulation, or policy, whether
formal or informal.
(b) Make a law enforcement agency database, including a
database maintained for the agency by private vendors, available to
any individual or entity for the purpose of immigration
enforcement. An individual or entity provided access to a law
enforcement agency database shall certify in writing that the
database will not be used for the purposes prohibited by this
section. Any agreement between a law enforcement agency and an
individual or entity regarding access to a law enforcement database
that is in existence on the effective date of this act and that
conflicts with this act is terminated on the effective date of this
act.
(c) Place law enforcement officers under the supervision of
federal agencies or employ law enforcement officers deputized as
special federal officers or special federal deputies except to the
extent those law enforcement officers remain subject to Michigan
law governing conduct of the law enforcement officers and the
policies of the employing law enforcement agency.
(d) Use federal immigration authorities as interpreters for
law enforcement matters relating to individuals in the custody of a
law enforcement agency.
(2) Nothing in this section prevents a law enforcement agency
from doing any of the following:
(a) Responding to a request from federal immigration
authorities for information about a specific individual's criminal
history, including previous arrests and convictions.
(b) Participating in a joint law enforcement task force, so
long as the purpose of the joint law enforcement task force is not
immigration enforcement.
(3) If a law enforcement agency chooses to participate in a
joint law enforcement task force, it shall submit a report every 6
months to the department of the attorney general regarding its
participation in the joint law enforcement task force. A report
submitted to the department of the attorney general under this
subsection is not a public record and is not subject to the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) Not more than 14 months after the effective date of this
act, and twice annually thereafter, the department of the attorney
general shall report on the types and frequency of joint law
enforcement task forces to the legislature. The report required
under this subsection must include, for the reporting period, a
list of all law enforcement agencies that participate in joint law
enforcement task forces, a list of joint law enforcement task
forces operating in this state and their purposes, the number of
arrests made associated with joint law enforcement task forces for
the criminal violation of federal or state law, and the number of
arrests made associated with joint law enforcement task forces for
the purpose of immigration enforcement by all task force
participants, including federal law enforcement agencies. The
department of the attorney general shall post the reports required
under this subsection on the department of the attorney general's
website.
(5) Notwithstanding any other provision of law, a law
enforcement agency shall not transfer an individual to federal
immigration authorities for purposes of immigration enforcement or
detain an individual at the request of federal immigration
authorities for purposes of immigration enforcement absent a
judicial warrant.
(6) This section does not prohibit or restrict any government
entity or official from sending to, or receiving from, federal
immigration authorities information regarding the citizenship or
immigration status, lawful or unlawful, of an individual under 8
USC 1373 and 8 USC 1644.
Sec. 4. Not more than 3 months after the effective date of
this act, the department of the attorney general shall publish
model policies for law enforcement agencies in this state to
provide guidelines to law enforcement agencies on how to limit
assistance with immigration enforcement.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
