Restrict Government Involvement In Immigration Detention
The United States immigration and customs enforcement, the federal agency responsible for overseeing and implementing policies related to immigration detention, contracts out a portion of its detention capacity to state and local governments. State and local governments may then subcontract with prisons or immigration detention facilities that are owned, managed, or operated by private entities to house or detain individuals for federal civil immigration purposes.
Beginning on January 1, 2024, the bill prohibits the state and any local government in the state (governmental entity) from:
- Entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity;
- Selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity;
- Paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity;
- Receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; or
- Giving financial incentives or benefits to a private entity in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity.
In addition, beginning on January 1, 2024, the bill prohibits a governmental entity from entering into or renewing an agreement for payment to house or detain individuals for federal civil immigration purposes (immigration detention agreement). The bill also requires a governmental entity with an existing immigration detention agreement to exercise the termination provision contained in the agreement by a specified date. date, or as soon as possible within the terms of the immigration detention agreement if termination by the specified date is not possible.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)