Connecticut 2025 Regular Session

Connecticut House Bill HB07211 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 6170 1 of 8
4	4
5	5	General Assembly Raised Bill No. 7211
6	6	January Session, 2025
7	7	LCO No. 6170
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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16	16
17	17
18	18
19	19	AN ACT CONCERNING CIVIL IMMIGRATION DETAINERS FOR
20	20	PERSONS WHO ARE CHARGED WITH THE COMMISSION OF A
21	21	CLASS A, B OR C FELONY OR A FAMILY VIOLENCE CRIME.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 54-192h of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective October 1, 2025): 2
27	27	(a) For the purposes of this section: 3
28	28	(1) "Administrative warrant" means a warrant, notice to appear, 4
29	29	removal order or warrant of deportation issued by an agent of a federal 5
30	30	agency charged with the enforcement of immigration laws or the 6
31	31	security of the borders, including ICE and the United States Customs 7
32	32	and Border Protection, but does not include a warrant issued or signed 8
33	33	by a judicial officer. 9
34	34	(2) "Civil immigration detainer" means a request from a federal 10
35	35	immigration authority to a local or state law enforcement agency for a 11
36	36	purpose including, but not limited to: 12
37	37	Raised Bill No. 7211
38	38
39	39
40	40
41	41	LCO No. 6170 2 of 8
42	42
43	43	(A) Detaining an individual suspected of violating a federal 13
44	44	immigration law or who has been issued a final order of removal; 14
45	45	(B) Facilitating the (i) arrest of an individual by a federal immigration 15
46	46	authority, or (ii) transfer of an individual to the custody of a federal 16
47	47	immigration authority; 17
48	48	(C) Providing notification of the release date and time of an 18
49	49	individual in custody; and 19
50	50	(D) Notifying a law enforcement officer, through DHS Form I-247A, 20
51	51	or any other form used by the United States Department of Homeland 21
52	52	Security or any successor agency thereto, of the federal immigration 22
53	53	authority's intent to take custody of an individual; 23
54	54	(3) "Confidential information" means any information obtained and 24
55	55	maintained by a law enforcement agency relating to (A) an individual's 25
56	56	(i) sexual orientation, or (ii) status as a victim of domestic violence or 26
57	57	sexual assault, (B) whether such individual is a (i) crime witness, or (ii) 27
58	58	recipient of public assistance, or (C) an individual's income tax or other 28
59	59	financial records, including, but not limited to, Social Security numbers; 29
60	60	(4) "Federal immigration authority" means any officer, employee or 30
61	61	other person otherwise paid by or acting as an agent of ICE or any 31
62	62	division thereof or any officer, employee or other person otherwise paid 32
63	63	by or acting as an agent of the United States Department of Homeland 33
64	64	Security or any successor agency thereto who is charged with 34
65	65	enforcement of the civil provisions of the Immigration and Nationality 35
66	66	Act; 36
67	67	(5) "ICE" means United States Immigration and Customs 37
68	68	Enforcement or any successor agency thereto; 38
69	69	(6) "ICE access" means any of the following actions taken by a law 39
70	70	enforcement officer with respect to an individual who is stopped by a 40
71	71	law enforcement officer with or without the individual's consent, 41
72	72	Raised Bill No. 7211
73	73
74	74
75	75
76	76	LCO No. 6170 3 of 8
77	77
78	78	arrested, detained or otherwise under the control of a law enforcement 42
79	79	official or agency: 43
80	80	(A) Responding to a civil immigration detainer or request for 44
81	81	notification pursuant to subparagraph (B) of this subdivision 45
82	82	concerning such individual; 46
83	83	(B) Providing notification to a federal immigration authority that 47
84	84	such individual is being or will be released at a certain date and time 48
85	85	through data sharing or otherwise; 49
86	86	(C) Providing a federal immigration authority nonpublicly available 50
87	87	information concerning such individual regarding release date or time, 51
88	88	home address or work address, whether obtained through a computer 52
89	89	database or otherwise; 53
90	90	(D) Allowing a federal immigration authority to interview such 54
91	91	individual under the control of the law enforcement agency; 55
92	92	(E) Allowing a federal immigration authority to use a facility or 56
93	93	resources in the control of a law enforcement agency to conduct 57
94	94	interviews, administrative proceedings or other immigration 58
95	95	enforcement activities concerning such individual; or 59
96	96	(F) Providing a federal immigration authority information regarding 60
97	97	dates and times of probation or parole supervision or any other 61
98	98	information related to such individual's compliance with the terms of 62
99	99	probation or parole; 63
100	100	"ICE access" does not include submission by a law enforcement 64
101	101	officer of fingerprints to the Automated Fingerprints Identification 65
102	102	system of an arrested individual or the accessing of information from 66
103	103	the National Crime Information Center by a law enforcement officer 67
104	104	concerning an arrested individual; 68
105	105	(7) "Judicial officer" means any judge of the state or federal judicial 69
106	106	branches and any federal magistrate judge. "Judicial officer" does not 70
107	107	Raised Bill No. 7211
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109	109
110	110
111	111	LCO No. 6170 4 of 8
112	112
113	113	mean an immigration judge; 71
114	114	(8) "Law enforcement agency" means any agency for which a law 72
115	115	enforcement officer is an employee of or otherwise paid by or acting as 73
116	116	an agent of; 74
117	117	(9) "Law enforcement officer" means: 75
118	118	(A) Each officer, employee or other person otherwise paid by or 76
119	119	acting as an agent of the Department of Correction; 77
120	120	(B) Each officer, employee or other person otherwise paid by or acting 78
121	121	as an agent of a municipal police department; 79
122	122	(C) Each officer, employee or other person otherwise paid by or 80
123	123	acting as an agent of the Division of State Police within the Department 81
124	124	of Emergency Services and Public Protection; and 82
125	125	(D) Each judicial marshal, state marshal and adult probation officer; 83
126	126	(10) "Bail commissioner or intake, assessment or referral specialist" 84
127	127	means an employee of the Judicial Branch whose duties are described in 85
128	128	section 54-63d; and 86
129	129	(11) "School police or security department" means any police or 87
130	130	security department of (A) the constituent units of the state system of 88
131	131	higher education, as defined in section 10a-1, (B) a public school, or (C) 89
132	132	a local or regional school district. 90
133	133	(b) (1) No law enforcement officer, bail commissioner or intake, 91
134	134	assessment or referral specialist, or employee of a school police or 92
135	135	security department shall: 93
136	136	(A) [Arrest] Except as provided in subdivision (2) of this subsection, 94
137	137	arrest or detain an individual pursuant to a civil immigration detainer; 95
138	138	[unless (i) the detainer is accompanied by a warrant issued or signed by 96
139	139	a judicial officer, (ii) the individual has been convicted of a class A or B 97
140	140	Raised Bill No. 7211
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142	142
143	143
144	144	LCO No. 6170 5 of 8
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146	146	felony offense, or (iii) the individual is identified as a possible match in 98
147	147	the federal Terrorist Screening Database or similar database;] 99
148	148	(B) Expend or use time, money, facilities, property, equipment, 100
149	149	personnel or other resources to communicate with a federal 101
150	150	immigration authority regarding the custody status or release of an 102
151	151	individual targeted by a civil immigration detainer, except in a case 103
152	152	where the individual has been charged, after a finding of probable 104
153	153	cause, with a class A, B or C felony offense or a family violence crime 105
154	154	pursuant to section 46b-38h, or as provided in subsection (e) of this 106
155	155	section; 107
156	156	(C) Arrest or detain an individual based on an administrative 108
157	157	warrant, unless such individual has been charged, after a finding of 109
158	158	probable cause, with a class A, B or C felony offense or a family violence 110
159	159	crime pursuant to section 46b-38h; 111
160	160	(D) Give a federal immigration authority access to interview an 112
161	161	individual who is in the custody of a law enforcement agency unless the 113
162	162	individual (i) has been [convicted of] charged with, after a finding of 114
163	163	probable cause, a class A, [or] B or C felony offense or a family violence 115
164	164	crime pursuant to section 46b-38h, (ii) is identified as a possible match 116
165	165	in the federal Terrorist Screening Database or similar database, or (iii) is 117
166	166	the subject of a court order issued under 8 USC 1225(d)(4)(B); or 118
167	167	(E) Perform any function of a federal immigration authority, whether 119
168	168	pursuant to 8 USC 1357(g) or any other law, regulation, agreement, 120
169	169	contract or policy, whether formal or informal. 121
170	170	(2) A law enforcement officer or bail commissioner may detain, for a 122
171	171	period not to exceed forty-eight hours, an individual pursuant to a civil 123
172	172	immigration detainer if: 124
173	173	(A) The detainer is accompanied by a warrant issued or signed by a 125
174	174	judicial officer; 126
175	175	Raised Bill No. 7211
176	176
177	177
178	178
179	179	LCO No. 6170 6 of 8
180	180
181	181	(B) The individual has been charged, after a finding of probable 127
182	182	cause, with a class A, B or C felony offense or a family violence crime 128
183	183	pursuant to section 46b-38h; or 129
184	184	(C) The individual is identified as a possible match in the federal 130
185	185	Terrorist Screening Database or similar database. 131
186	186	(3) The provisions of this subsection shall not prohibit submission by 132
187	187	a law enforcement officer of fingerprints to the Automated Fingerprints 133
188	188	Identification system of an arrested individual or the accessing of 134
189	189	information from the National Crime Information Center by a law 135
190	190	enforcement officer concerning an arrested individual. 136
191	191	(c) Prior to responding to a request for notification of the release date 137
192	192	and time from custody of a law enforcement agency of an individual 138
193	193	suspected of violating a federal immigration law or who has been issued 139
194	194	a final order of removal, the law enforcement officer shall forward the 140
195	195	request to the head of the law enforcement agency for review. 141
196	196	(d) Any confidential information of an individual who comes into 142
197	197	contact with a law enforcement officer may be disclosed to a federal 143
198	198	immigration authority only if such disclosure is: 144
199	199	(1) Authorized in writing by the individual to whom the information 145
200	200	pertains, or by the parent or guardian of such individual if the 146
201	201	individual is a minor or not legally competent to consent to such 147
202	202	disclosure; 148
203	203	(2) Necessary in furtherance of a criminal investigation of terrorism; 149
204	204	or 150
205	205	(3) Otherwise required by law. 151
206	206	(e) (1) Upon receiving a civil immigration detainer, a law enforcement 152
207	207	agency shall provide a copy of the detainer to the affected individual 153
208	208	who is the subject of the detainer and inform the individual whether the 154
209	209	law enforcement agency intends to comply with the detainer. If a law 155
210	210	Raised Bill No. 7211
211	211
212	212
213	213
214	214	LCO No. 6170 7 of 8
215	215
216	216	enforcement agency provides ICE with notification that an individual is 156
217	217	being, or will be released on a certain date, the law enforcement agency 157
218	218	shall promptly provide to the individual and to the individual's attorney 158
219	219	or shall make a good faith effort to contact one other individual who the 159
220	220	individual may designate, a copy of such notification as well as the 160
221	221	reason, in writing, that such law enforcement agency is complying with 161
222	222	the detainer. 162
223	223	(2) All records relating to ICE access maintained by law enforcement 163
224	224	agencies shall be deemed public records under the Freedom of 164
225	225	Information Act, as defined in section 1-200. Records relating to ICE 165
226	226	access include, but are not limited to, data maintained by the law 166
227	227	enforcement agency regarding the number and demographic data of 167
228	228	individuals to whom the agency has provided ICE access, the date ICE 168
229	229	access was provided to an individual, the type of ICE access provided 169
230	230	to an individual, the amount of resources expended on providing ICE 170
231	231	access and any communication between the law enforcement agency 171
232	232	and any federal immigration authority. No provision of this section 172
233	233	shall be construed to require disclosure of any record exempt from 173
234	234	disclosure under section 1-210 or 1-215. 174
235	235	(3) Beginning January 1, 2020, the legislative body of any 175
236	236	municipality with a law enforcement agency that has provided ICE 176
237	237	access to an individual during the prior six months shall provide to the 177
238	238	Office of Policy and Management, on an ongoing basis every six months, 178
239	239	data regarding the number and demographic data of individuals to 179
240	240	whom the law enforcement agency has provided ICE access, the date 180
241	241	ICE access was provided to an individual and whether the ICE access 181
242	242	was provided as part of compliance with a civil immigration detainer or 182
243	243	through other means. Data may be provided in the form of statistics or, 183
244	244	if statistics are not maintained, as individual records, provided 184
245	245	personally identifiable information is redacted. 185
246	246	(f) The Office of Policy and Management shall ensure that the 186
247	247	requirements of this section are disseminated to, and appropriate 187
248	248	Raised Bill No. 7211
249	249
250	250
251	251
252	252	LCO No. 6170 8 of 8
253	253
254	254	training is provided for, all affected law enforcement agencies and 188
255	255	school police or security departments and employees and agents of such 189
256	256	law enforcement agencies and school police or security departments. 190
257	257	Such training may entail how law enforcement officers and other 191
258	258	officials performing similar duties will adhere to the provisions of this 192
259	259	section and how they will interact with crime victims, criminal suspects 193
260	260	and individuals cooperating with law enforcement officers. 194
261	261	(g) No provision of this section shall be construed to provide, expand 195
262	262	or ratify the legal authority of any law enforcement agency to detain an 196
263	263	individual based on a civil immigration detainer request, except in a 197
264	264	case where the individual has been charged, after a finding of probable 198
265	265	cause, with a class A, B or C felony offense or a family violence crime 199
266	266	pursuant to section 46b-38h. 200
267	267	This act shall take effect as follows and shall amend the following
268	268	sections:
269	269
270	270	Section 1 October 1, 2025 54-192h
271	271
272	272	Statement of Purpose:
273	273	To permit law enforcement to detain for a limited period a person
274	274	charged, after a finding of probable cause, with a class A, B, or C felony
275	275	or a family violence crime for purposes of a civil immigration detainer.
276	276
277	277	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
278	278	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
279	279	underlined.]
280	280