HOUSE BILL NO. 4724
June 13, 2019, Introduced by Reps. Hammoud,
Guerra, Rabhi, Bolden, Sowerby, Manoogian, Pagan, Gay-Dagnogo, LaGrand,
Anthony, Peterson, Sabo and Robinson and referred to the Committee on
Military, Veterans and Homeland Security.
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".
(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.