Enforcement of Federal Immigration Law

In 2006, the general assembly passed Senate Bill 06-090 that:

• Prohibited a local government from passing any ordinance or policy that would prohibit a police officer, local official, or local government employee from cooperating with federal officials with regard to the immigration status of a person within the state;
• Required a peace officer who has probable cause to believe that a person is not legally present in the United States to report the person to the federal immigration and customs enforcement office;
• Required each local government to provide notice to peace officers of the duty to report and to provide written confirmation of the notice and reporting statistics to the general assembly; and
• Prohibited a local government that violates this provision from receiving any grants administered by the department of local affairs.

Senate Bill 06-090 was repealed in 2013. This bill recreates and reenacts the 2006 bill.

Current law prohibits:

• A person from being arrested while the person is present at a courthouse, or while going to, attending, or coming from a court proceeding, and provides remedies for a violation;
• A probation officer or probation department employee from providing personal information about an individual to federal immigration authorities; and
• State and local governmental entities from contracting with a private entity for immigration detention services or entering into agreements for immigration detention services.

The bill repeals each of these laws.

(Note: This summary applies to this bill as introduced.)