Restrict Government Involvement In Immigration Detention

Beginning on January 1, 2024, the state and any local government in the state or any agency, officer, employee or agent of the state or a local government (governmental entity) is prohibited 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.

Nothing in the act prohibits a governmental entity from providing heath and safety resources to individuals who are being detained for immigration purposes or a local government from contracting for health, utility, and sanitation services to immigration detention facilities.

Beginning on January 1, 2024, a governmental entity is prohibited from entering into or renewing an agreement for payment to house or detain individuals for federal civil immigration purposes (immigration detention agreement). In addition, a governmental entity with an existing immigration detention agreement is required to exercise the termination provision contained in the agreement by January 1, 2024, or as soon as possible within the terms of the immigration detention agreement if termination by January 1, 2024 is not possible.

APPROVED by Governor June 6, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)