The bill grants sheriffs in Kansas the authority to detain individuals based on immigration detainer requests from the United States Immigration and Customs Enforcement (ICE) for up to 48 hours without criminal charges. It specifies that a detainer request is considered facially sufficient if it meets certain criteria, including clear identification of the individual and proper completion and signature by a federal official. Additionally, the bill outlines the process for informing detained individuals of their status, providing them with a copy of the detainer request, and notifying ICE of their custody. It also establishes conditions under which a sheriff must release a detained individual, such as the expiration of the 48-hour period or proof of U.S. citizenship.

Furthermore, the bill includes provisions for municipal insurance pools to cover law enforcement operations that cooperate with federal agencies, ensuring legal representation for law enforcement agencies in civil actions related to their cooperation with ICE. It mandates that the Kansas Attorney General provide representation for law enforcement agencies or officers acting in good faith under ICE agreements in federal litigation or habeas corpus actions. The bill also repeals a previous statute and allows sheriffs to enter into agreements with ICE for a 287(g) program without needing further authorization from county commissioners.

Statutes affected:
As introduced: 12-2904