§ 2-173-042

Civil immigration enforcement actions – Federal responsibility


Except for such reasonable time as is necessary to conduct the investigation specified in subsection (c) of this section, no agency or agent shall:


arrest, detain or continue to detain a person solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation;


arrest, detain, or continue to detain a person based on an administrative warrant entered into the Federal Bureau of Investigation’s National Crime Information Center database, or successor or similar database maintained by the United States, when the administrative warrant is based solely on a violation of a civil immigration law; or


detain, or continue to detain, a person based upon an immigration detainer, when such immigration detainer is based solely on a violation of a civil immigration law.


(1) Unless an agency or agent is acting pursuant to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no agency or agent shall:


permit ICE agents access to a person being detained by, or in the custody of, the agency or agent;


permit ICE agents use of agency facilities for investigative interviews or other investigative purpose; or


while on duty, expend their time responding to ICE inquiries or communicating with ICE regarding a person’s custody status or release date.


An agency or agent is authorized to communicate with ICE in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law.


This section shall not apply when an investigation conducted by the agency or agent indicates that the subject of the investigation:


has an outstanding criminal warrant;


has been convicted of a felony in any court of competent jurisdiction;


is a defendant in a criminal case in any court of competent jurisdiction where a judgment has not been entered and a felony charge is pending; or


has been identified as a known gang member either in a law enforcement agency’s database or by his own admission.

(Added Coun. J. 9-12-12, p. 33041, § 1)


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