SB 563-FN - AN ACT relative to federal immigration enforcement

This bill aims to prohibit state and local government entities from adopting sanctuary policies that would prevent or hinder the enforcement of federal immigration law. Here are some important points from the bill:

The bill defines "federal immigration agency" as the United States Department of Justice and the United States Department of Homeland Security, including specific divisions within those agencies responsible for immigration enforcement.
The bill defines "immigration detainer" as a written or electronic request issued by a federal immigration agency to another law enforcement agency, asking them to detain a person who is believed to be in the country illegally. The detainer must be supported by probable cause and a specific warrant authorized by federal law.
The bill defines "inmate" as a person in the custody of a law enforcement agency.
The bill defines "law enforcement agency" as any agency in the state responsible for enforcing state, county, municipal, or federal laws or managing the custody of detained persons. This includes police departments, sheriff's offices, state police, and correctional agencies.
The bill defines "local governmental entity" as any county, municipality, or other political subdivision in the state.
The bill defines "sanctuary policy" as any law, policy, practice, procedure, or custom adopted or allowed by a state or local governmental entity that prohibits or restricts a law enforcement agency from complying with federal immigration law. This includes preventing or limiting compliance with immigration detainers, requests for notification of inmate releases, access to inmates for interviews, participation in immigration programs or agreements, and providing immigration agencies with incarceration status or release dates.
The bill prohibits any state or local government entity or law enforcement agency from enacting, issuing, adopting, enforcing, or maintaining any sanctuary policy.
Law enforcement agencies are required to use their best efforts to support the enforcement of federal immigration law.
State and local government entities and law enforcement agencies are not allowed to restrict or prohibit the sharing of information regarding a person's immigration status with federal immigration agencies or other entities involved in law enforcement. This includes sending, receiving, reviewing, recording, exchanging, and using such information for immigration enforcement purposes.
However, this section does not require entities and agencies to provide information related to a victim or witness of a criminal offense if they have responded to a request for information in good faith and are cooperating with the investigation or prosecution of the offense. It also does not authorize the detention of an undocumented immigrant solely because they witnessed or reported a crime or were a victim of a crime.
If a violation of this law occurs, the attorney general may file suit against the local government entity or law enforcement agency to seek declaratory or injunctive relief. The court has the power to enforce its orders through contempt proceedings.
The bill will take effect on January 1, 2025.

Fiscal Impact

It is estimated that the fiscal impact of this bill would depend on the number of enforcement actions brought by the Attorney General. The costs associated with these actions include personnel and litigation costs. If there is a significant increase in enforcement actions, an additional attorney and an increase in the litigation budget may be required, costing around $127,000 in FY 2025 and $125,000 in FY 2026 and FY 2027.

The Judicial Branch states that it is difficult to estimate the impact of this bill on court filings. However, the creation of a new enforcement action could lead to an increase in litigation.

The Department of Justice and the Judicial Branch have been contacted for their input on this bill.

Rep. Deborah Hobson

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