HOUSE BILL NO. 4998
September 19, 2019, Introduced by Reps.
Wittenberg, Hammoud, Brixie, Manoogian, Hood, Yancey, Garza, Sowerby,
Pagan, Tyrone Carter and Peterson 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 "immigration status inquiry and information collection act".
(a) "Citizenship" means the status of an individual under custom or law as being or not being a legal member of a sovereign state.
(b) "Employee of a health facility or agency" means an employee of a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(c) "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.
(d) "Law enforcement officer" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(e) "Physician or other health professional" means an individual who is licensed, registered, certified, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
Sec. 3. (1) Notwithstanding any other provision of law and except as otherwise provided in this subsection, a law enforcement officer, employee of a health facility or agency, or physician or other health professional shall not inquire into the immigration or citizenship status of an individual or citizen with whom he or she comes into contact as a result of engaging in his or her duties as a law enforcement officer, employee of a health facility or agency, or physician or other health professional. A law enforcement officer, employee of a health facility or agency, or physician or other health professional may inquire into the immigration or citizenship status of an individual with whom he or she comes into contact as a result of engaging in his or her duties as a law enforcement officer, employee of a health facility or agency, or physician or other health professional if the inquiry relates to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, or is required by state or federal law to verify the eligibility of an individual for a benefit, service, or license.
(2) Notwithstanding any other provision of law, a law enforcement officer shall not voluntarily release personally identifiable data or information to a federal immigration authority regarding an individual's release date, home address, or any other information that may be used to ascertain an individual's religion, ethnicity, or race, unless the release of the data or information is for a legitimate law enforcement purpose unrelated to the enforcement of a civil immigration law.
(3) Notwithstanding any other provision of law, an employee of a health facility or agency or a physician or other health professional who receives information regarding an individual's immigration or citizenship status with whom he or she comes into contact as a result of engaging in his or her duties as an employee of a health facility or agency or a physician or other health professional shall treat that information confidentially in the same manner as an individual's personal and medical records as provided in section 20201(2)(c) of the public health code, 1978 PA 368, MCL 333.20201.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.