Vote Smart's Synopsis:

Vote to pass a bill that prohibits cities and counties from entering into contracts with ICE (Immigration and Customs Enforcement) to house or detain undocumented immigrants in local jails.

Highlights:

• Defines "civil immigration warrant" as any document that is not approved or ordered by a judge that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose (Sec. 10).

• Specifies nothing in this act can be construed to prohibit or restrict any entity from sending to, or receiving from, the United States Department of Homeland Security or other federal, state, or local government entity information regarding the citizenship or immigration status of any individual (Sec. 5).

• Prohibits a law enforcement agency or law enforcement official from detaining or continuing to detain any individual solely based on any immigration detainer or civil immigration warrant or otherwise comply with an immigration detainer or civil immigration warrant (Sec. 15.a).

• Prohibits a law enforcement agency or law enforcement official from stopping, arresting, searching, detaining, or continuing to detain a person solely based on an individual's citizenship or immigration status (Sec. 15.b).

• Establishes a law enforcement agency or law enforcement official acting in good faith who releases a person subject to an immigration detainer or civil non-judicial immigration warrant will have immunity from any civil or criminal liability that might otherwise occur as a result of making the release, except for willful or wanton misconduct (Sec. 15.d).

• Prohibits a law enforcement agency or law enforcement official from inquiring about or investigating the citizenship or immigration status or place of birth of any individual in the agency or official's custody or who has otherwise been stopped or detained by the agency or official (Sec. 15.e).

• Authorizes the Attorney General to have authority to conduct investigations into violations of this Act. The Attorney General may (Sec. 30.a):

• Require a law enforcement agency, law enforcement official, or any other person or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;

• Examine under oath any law enforcement official or any other person alleged to have participated in or with knowledge of the alleged violation; or

• Issue subpoenas, obtain records, conduct hearings, or take any other actions in aid of any investigation.

• Prohibits law enforcement agencies from including names or other personally identifying information in any reports required under this law (Sec. 20.b).

• Requires an agency to certify and report that it received no such detainers or warrants. The reports will include (Sec. 25-2):

• The date when the immigration detainer or civil immigration warrant was received;

• The date and time the individual subject to the immigration detainer or civil immigration warrant posted criminal bail, if applicable;

• Whether the individual subject to the immigration detainer or civil immigration warrant was released or transferred;

• The date and time the individual was released or transferred; and

• If the individual is transferred, to which governmental agency's custody.

• Authorizes the Attorney General to maintain an action for declaratory, injunctive, or any other equitable relief in the circuit court against any law enforcement agency, law enforcement official, or other person or entity who violates any provision of this Act (Sec. 30.b).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits cities and counties from entering into contracts with ICE (Immigration and Customs Enforcement) to house or detain undocumented immigrants in local jails.

Highlights:

• Defines "civil immigration warrant" as any document that is not approved or ordered by a judge that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose (Sec. 10).

• Specifies nothing in this act can be construed to prohibit or restrict any entity from sending to, or receiving from, the United States Department of Homeland Security or other federal, state, or local government entity information regarding the citizenship or immigration status of any individual (Sec. 5).

• Prohibits a law enforcement agency or law enforcement official from detaining or continuing to detain any individual solely based on any immigration detainer or civil immigration warrant or otherwise comply with an immigration detainer or civil immigration warrant (Sec. 15.a).

• Prohibits a law enforcement agency or law enforcement official from stopping, arresting, searching, detaining, or continuing to detain a person solely based on an individual's citizenship or immigration status (Sec. 15.b).

• Establishes a law enforcement agency or law enforcement official acting in good faith who releases a person subject to an immigration detainer or civil non-judicial immigration warrant will have immunity from any civil or criminal liability that might otherwise occur as a result of making the release, except for willful or wanton misconduct (Sec. 15.d).

• Prohibits a law enforcement agency or law enforcement official from inquiring about or investigating the citizenship or immigration status or place of birth of any individual in the agency or official's custody or who has otherwise been stopped or detained by the agency or official (Sec. 15.e).

• Authorizes the Attorney General to have authority to conduct investigations into violations of this Act. The Attorney General may (Sec. 30.a):

• Require a law enforcement agency, law enforcement official, or any other person or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;

• Examine under oath any law enforcement official or any other person alleged to have participated in or with knowledge of the alleged violation; or

• Issue subpoenas, obtain records, conduct hearings, or take any other actions in aid of any investigation.

• Prohibits law enforcement agencies from including names or other personally identifying information in any reports required under this law (Sec. 20.b).

• Requires an agency to certify and report that it received no such detainers or warrants. The reports will include (Sec. 25-2):

• The date when the immigration detainer or civil immigration warrant was received;

• The date and time the individual subject to the immigration detainer or civil immigration warrant posted criminal bail, if applicable;

• Whether the individual subject to the immigration detainer or civil immigration warrant was released or transferred;

• The date and time the individual was released or transferred; and

• If the individual is transferred, to which governmental agency's custody.

• Authorizes the Attorney General to maintain an action for declaratory, injunctive, or any other equitable relief in the circuit court against any law enforcement agency, law enforcement official, or other person or entity who violates any provision of this Act (Sec. 30.b).

Full Bill Text