SENATE BILL NO. 968
July 30, 2024, Introduced by Senator ALBERT and referred to the Committee on Civil Rights,
Judiciary, and Public Safety.
A bill to require certain law enforcement agencies to perform
certain immigration officer functions under the direction and
oversight of certain federal immigration agencies; to create the
jail enforcement model and warrant service officer program; and to
provide for the powers and duties of certain state and local
governmental officers and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act may be cited as the "immigration and customs
2 enforcement support act".
3 Sec. 3. As used in this act:
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1 (a) "Agreement" means the memorandum agreement described under
2 section 7.
3 (b) "ICE" means the United States Immigration and Customs
4 Enforcement.
5 (c) "Law enforcement agency" means an agency that administers
6 the detention of individuals and that is 1 of the following:
7 (i) The department of state police.
8 (ii) A sheriff of a county, or the law enforcement agency of a
9 city, village, or township.
10 (d) "Law enforcement officer" means an individual who is
11 employed by a law enforcement agency and is responsible for the
12 prevention and detection of crime and the enforcement of the
13 general laws of this state.
14 (e) "Program" means the jail enforcement model and warrant
15 service officer program created under section 5.
16 Sec. 5. Beginning on the effective date of this act and
17 subject to this section, a law enforcement agency shall create and
18 operate the jail enforcement model or the warrant service officer
19 program, or both, for purposes of designating law enforcement
20 officers to participate in a program to help ICE enforce
21 immigration laws within the jurisdiction of the law enforcement
22 agency. A law enforcement agency may not create and operate a
23 program unless the law enforcement agency receives funds from the
24 immigration and customs enforcement support fund.
25 Sec. 7. (1) Before a law enforcement agency creates and
26 operates a program, the law enforcement agency must enter into a
27 written agreement with the Department of Homeland Security in
28 accordance with section 287(g) of the immigration and nationality
29 act, 8 USC 1357, to function as federal immigration agents and
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1 enforce certain immigration laws.
2 (2) Not later than 30 days after signing the agreement, a law
3 enforcement agency shall do both of the following:
4 (a) Designate law enforcement officers within the law
5 enforcement agency to participate in the jail enforcement model or
6 the warrant service officer program, or both, and receive training
7 from ICE certified instructors to implement this act.
8 (b) Adopt a written policy that incorporates the requirements
9 of this act.
10 Sec. 9. A law enforcement officer or law enforcement agency
11 shall do all of the following:
12 (a) Before releasing a lawfully arrested individual, make a
13 reasonable attempt to verify or ascertain the citizenship or
14 immigration status of the individual who is detained. The law
15 enforcement officer or law enforcement agency may ascertain or
16 verify the citizenship or immigration status of an individual in
17 accordance with 8 USC 1373(c).
18 (b) Immediately transfer an individual who is not legally in
19 the United States and has been convicted under the criminal laws of
20 this state or assessed fines for a violation of a law of this
21 state, upon discharge from imprisonment or after the payment of
22 fines, to the custody of ICE or the United States Customs and
23 Border Protection.
24 (c) Except as otherwise provided under state or federal law,
25 participate in the transportation of an individual who is not
26 legally present in the United States and in the custody of the law
27 enforcement agency to a federal facility in this state or to any
28 other point of transfer into federal custody that is outside the
29 jurisdiction of the law enforcement officer's law enforcement
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1 agency.
2 Enacting section 1. This act does not take effect unless
3 Senate Bill No. 969 of the 102nd Legislature is enacted into law.
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