The bill aims to enhance the protection of individuals' constitutional rights during immigration enforcement activities, particularly in hospitals, licensed child care centers, and public institutions of higher education. It introduces new definitions for terms related to immigration enforcement and allows individuals to pursue civil actions for damages against those who violate their rights in these contexts. The bill outlines factors for courts to consider when assessing the reprehensibility of a defendant's conduct, such as the use of facial coverings and adherence to law enforcement identification requirements. Additionally, it mandates that hospitals and child care centers implement policies to protect patient and child privacy regarding immigration status, while institutions of higher education must establish protocols to prevent unauthorized disclosure of citizenship or immigration status.
Moreover, the bill provides protections against civil arrest for individuals attending court proceedings, allowing them to seek civil remedies for false imprisonment if unlawfully arrested during these activities. It preserves qualified immunity as a defense for defendants while enabling civil actions for damages and injunctive relief against those who knowingly violate constitutional rights during immigration enforcement. The bill requires hospitals to adopt privacy policies by January 1, 2027, and emphasizes the importance of safeguarding constitutional rights, taking effect immediately upon enactment.
Statutes affected: Introduced: 27A.1, 237A.2, 262.9