Immigration Status - Cooperating with Federal Officials

Suggested State Legislation: This Act is aimed at preventing local governments from designating their localities as sanctuaries for illegal aliens. The Act prohibits local governments from passing any ordinance or policy that limits or prohibits peace officers, local officials, or local government employees from  communicating or cooperating with federal officials about the immigration status of people living in the state.

The Act requires peace officers who have probable cause to believe that an arrestee for a criminal offense is not legally present in the United States to report the person to the Federal Immigration and Customs Enforcement Office if the arrestee is not held at a detention facility. If the arrestee is held at a detention facility and the county sheriff reasonably believes that the arrestee is not legally present in the United States, the sheriff must report the arrestee to the Federal Immigration and Customs Enforcement Office.

This Act also prohibits local governments that violate the Act from receiving certain grants.

Suggested State Legislation: 2009 Docket

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Submitted as:
Colorado
Chapter 177 of 2006
Status: Enacted into law in 2006.

(Title, enacting clause, etc.)

Section 1. [Short Title.] This Act shall 1 hall be cited as “An Act Requiring Local Officials to
Cooperate with Federal Immigration Officials Regarding the Legal Status of People Residing in
this State.”

Section 2. [Legislative Declaration.]
(1) The [general assembly] hereby finds, determines, and declares that:
(a) sanctuary policies are local government ordinances or policies that prohibit local officials, including peace officers, from communicating or cooperating with federal officials about the immigration status of people within the state;
(b) the matters contained in this Act have important statewide ramifications for compliance with and enforcement of federal immigration laws;
(c) sanctuary policies allow illegal immigrants to reside within this state and to undermine federal immigration law.
(2) The [general assembly] therefore declares that the matters addressed in this Act are matters of statewide concern.

Section 3. [Definitions.] As used in this Act, “local government” means a town, city, or county.

Section 4. [Cooperating with Federal Officials Regarding Immigration Status.]
(1) No local government, 21 nt, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a peace officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state.
(2) (a) (i) A peace officer who has probable cause that an arrestee for a criminal offense is not legally present in the United States shall report such arrestee to the United States arrestee is not legally present in the United States, the sheriff shall report such arrestee to the Federal Immigration and Customs Enforcement Office.
(ii) This subsection (2) shall not apply to arrestees who are arrested for a suspected act of domestic violence as defined by [insert citation], until such time as the arrestee is convicted of a domestic violence offense.
(b) The governing body of each local government shall provide notice in writing to peace officers of the peace officers’ duty to cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration and to comply with paragraph (a) of this subsection. Each governing body shall provide written confirmation to the [general assembly] that it has provided such notice and shall annually, on or before [March 1] of each year, report to the [legislative council of the general assembly] the number of reports made to the United States Immigration and Customs Enforcement Office pursuant to this Act.
(c) The [general assembly] finds and declares that the [state attorney general] and all appropriate state and local law enforcement agencies should vigorously pursue all federal moneys to which the state may be entitled for the reimbursement of moneys spent to enforce federal immigration laws.
(3) a local government that violates subsection (1) of this section or paragraph (b) of subsection (2) of this section shall not be eligible to receive local government financial assistance through grants administered by the [department of local affairs] until such time as the ordinance or policy is no longer in effect.

Section 5. [Safety Clause.] The [general assembly] hereby finds, determines, and declares that this Act is necessary for the immediate preservation of the public peace, health, and safety.

Section 6. [Severability.] [Insert severability clause.]

Section 7. [Repealer.] [Insert repealer clause.]

Section 8. [Effective Date.] [Insert effective date.]

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