Present law requires all law enforcement agencies and officials to, in accordance with federal law, communicate with the appropriate federal official regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States or otherwise cooperate with the appropriate federal official in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States. Present law authorizes a law enforcement agency to negotiate the terms of a memorandum of agreement between the law enforcement agency and the appropriate federal official, concerning the enforcement of federal immigration laws. This bill, instead, requires such agencies to negotiate such a memorandum of agreement, and requires such agreement to include authorizing law enforcement officers of the agency to participate in the warrant service officer program under the bureau of immigration and customs enforcement of the United States department of homeland security (ICE). The warrant service officer program allows ICE to train, certify, and authorize state and local law enforcement officers to serve and execute administrative warrants on noncitizens in their agency's jail. State and local law enforcement officers participating in such program must possess U.S. citizenship, complete and pass a background investigation, and have knowledge of and have enforced laws and regulations related to law enforcement activities at their jurisdictions. As of December 2024, ICE has warrant service officer program agreements with 75 law enforcement agencies in Alaska, Arizona, Florida, Georgia, Idaho, Kansas, Montana, North Carolina, Texas, Wisconsin, and Wyoming.

Statutes affected:
Introduced: 7-68-105(b), 7-68-105