Present law authorizes a law enforcement agency to negotiate the terms of an agreement between the law enforcement agency and the appropriate federal official under the 287(g) program, concerning the enforcement of federal immigration laws, without approval from the governing body of the local government that the agency serves. Any memorandum of agreement negotiated pursuant to the 287(g) program must meet all of the following criteria:  Be entered into in accordance with federal law. Require that each officer employed by the law enforcement agency be trained in accordance with the memorandum of agreement concerning the officer's role in enforcing federal immigration laws, in accordance with the 287(g) program. Allow for the enforcement of federal immigration laws to the full extent permitted under federal law. This bill requires, on or after July 1, 2026, the law enforcement agency to accept and honor any immigration detainer received from federal immigration authorities. As used in this provision, "accept and honor" means to comply with the requested conditions in the immigration detainer and includes maintaining custody of the subject of an immigration detainer for 48 hours, excluding Saturdays, Sundays, and holidays, beyond the time when the subject would have otherwise been released from the law enforcement agency's custody to allow federal immigration authorities to take custody of the subject and notifying federal immigration authorities as soon as possible prior to releasing the subject of the immigration detainer.

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