This bill, designated as HB 8347, establishes restrictions on state and municipal cooperation with federal civil immigration enforcement. It asserts that state and local authorities are not required to assist in civil immigration enforcement, which is deemed a federal responsibility, while clarifying that compliance with judicial warrants or court orders is permitted.
The bill introduces definitions for key terms related to immigration enforcement, including "administrative warrant," "civil immigration detainer," and "law enforcement agency." It outlines limitations on the use of state resources, prohibiting state and local governments from entering into or renewing agreements for civil immigration enforcement, processing, detention, housing, or removal, except as required by federal or state law or upon presentation of a valid judicial warrant or court order.
Furthermore, the bill specifies that law enforcement agencies and officials cannot participate in or assist with civil immigration enforcement, provide nonconsensual access to individuals in custody for immigration enforcement interviews, or disclose non-public information for such purposes. It also states that a law enforcement agency shall not detain or extend the detention of an individual solely for civil immigration enforcement without a judicial warrant, and that civil immigration detainers or administrative warrants do not constitute probable cause for continued detention.
The bill provides remedies for individuals aggrieved by violations, allowing them to bring civil actions for declaratory and equitable relief, with prevailing plaintiffs entitled to reasonable attorneys' fees and costs. The act will take effect upon passage.