TITLE 19

CRIMINAL PROCEDURE

CHAPTER 61

COMPLIANCE WITH IMMIGRATION LAW

19-6102.  LOCAL GOVERNMENT POLICY REGARDING IMMIGRATION ENFORCEMENT. (1) A governmental entity shall not adopt, enforce, or endorse a policy under which the entity prohibits or discourages the enforcement of immigration laws.

(2)  In compliance with subsection (1) of this section, a governmental entity shall not prohibit or discourage a person who is a commissioned peace officer, a corrections officer, a booking clerk, a magistrate, or a prosecuting attorney, and who is employed by or otherwise under the direction or control of the entity, from doing any of the following:

(a)  Inquiring into the immigration status of a person under a lawful detention or under arrest;

(b)  With respect to information relating to the immigration status, lawful or unlawful, of any person under a lawful detention or under arrest:

(i)   Sending the information to, or requesting or receiving the information from, United States citizenship and immigration services or United States immigration and customs enforcement, including information regarding a person’s place of birth;

(ii)  Maintaining the information; or

(iii) Exchanging the information with another governmental entity, including a federal or state governmental entity;

(c)  Assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance; or

(d)  Permitting a federal immigration officer to enter and conduct enforcement activities at a municipal or county jail to enforce federal immigration laws.

History:

[(19-6102) 19-6002, added 2023, ch. 263, sec. 1, p. 788; am. and redesig. 2024, ch. 16, sec. 4, p. 137.]