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General Assembly Raised Bill No. 7212
January Session, 2025
LCO No. 6224
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE TRUST ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54-192h of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) For the purposes of this section: 3
(1) "Administrative warrant" means a warrant, notice to appear, 4
removal order or warrant of deportation issued by an agent of a federal 5
agency charged with the enforcement of immigration laws or the 6
security of the borders, including ICE and the United States Customs 7
and Border Protection, but does not include a warrant issued or signed 8
by a judicial officer. 9
(2) "Civil immigration detainer" means a request from a federal 10
immigration authority to a local or state law enforcement agency for a 11
purpose including, but not limited to: 12
(A) Detaining an individual suspected of violating a federal 13
immigration law or who has been issued a final order of removal; 14
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(B) Facilitating the (i) arrest of an individual by a federal immigration 15
authority, or (ii) transfer of an individual to the custody of a federal 16
immigration authority; 17
(C) Providing notification of the release date and time of an 18
individual in custody; and 19
(D) Notifying a law enforcement officer, through DHS Form I-247A, 20
or any other form used by the United States Department of Homeland 21
Security or any successor agency thereto, of the federal immigration 22
authority's intent to take custody of an individual; 23
(3) "Confidential information" means any information obtained and 24
maintained by a law enforcement agency relating to (A) an individual's 25
(i) sexual orientation, or (ii) status as a victim of domestic violence or 26
sexual assault, (B) whether such individual is a (i) crime witness, or (ii) 27
recipient of public assistance, or (C) an individual's income tax or other 28
financial records, including, but not limited to, Social Security numbers; 29
(4) "Federal immigration authority" means any officer, employee or 30
other person otherwise paid by or acting as an agent of ICE or any 31
division thereof or any officer, employee or other person otherwise paid 32
by or acting as an agent of the United States Department of Homeland 33
Security or any successor agency thereto who is charged with 34
enforcement of the civil provisions of the Immigration and Nationality 35
Act; 36
(5) "ICE" means United States Immigration and Customs 37
Enforcement or any successor agency thereto; 38
(6) "ICE access" means any of the following actions taken by a law 39
enforcement officer with respect to an individual who is stopped by a 40
law enforcement officer with or without the individual's consent, 41
arrested, detained or otherwise under the control of a law enforcement 42
official or agency: 43
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(A) Responding to a civil immigration detainer or request for 44
notification pursuant to subparagraph (B) of this subdivision 45
concerning such individual; 46
(B) Providing notification to a federal immigration authority that 47
such individual is being or will be released at a certain date and time 48
through data sharing or otherwise; 49
(C) Providing a federal immigration authority nonpublicly available 50
information concerning such individual regarding release date or time, 51
home address or work address, whether obtained through a computer 52
database or otherwise; 53
(D) Allowing a federal immigration authority to interview such 54
individual under the control of the law enforcement agency; 55
(E) Allowing a federal immigration authority to use a facility or 56
resources in the control of a law enforcement agency to conduct 57
interviews, administrative proceedings or other immigration 58
enforcement activities concerning such individual; or 59
(F) Providing a federal immigration authority information regarding 60
dates and times of probation or parole supervision or any other 61
information related to such individual's compliance with the terms of 62
probation or parole; 63
"ICE access" does not include submission by a law enforcement 64
officer of fingerprints to the Automated Fingerprints Identification 65
system of an arrested individual or the accessing of information from 66
the National Crime Information Center by a law enforcement officer 67
concerning an arrested individual; 68
(7) "Judicial officer" means any judge of the state or federal judicial 69
branches and any federal magistrate judge. "Judicial officer" does not 70
mean an immigration judge; 71
(8) "Law enforcement agency" means any agency for which a law 72
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enforcement officer is an employee of or otherwise paid by or acting as 73
an agent of; 74
(9) "Law enforcement officer" means: 75
(A) Each officer, employee or other person otherwise paid by or 76
acting as an agent of the Department of Correction; 77
(B) Each officer, employee or other person otherwise paid by or acting 78
as an agent of a municipal police department; 79
(C) Each officer, employee or other person otherwise paid by or 80
acting as an agent of the Division of State Police within the Department 81
of Emergency Services and Public Protection; [and] 82
(D) Each judicial marshal, state marshal and adult or juvenile 83
probation officer; 84
(E) Each state's attorney, assistant state's attorney, supervising state's 85
attorney, special deputy assistant state's attorney and each officer, 86
employee or other person otherwise paid by or acting as an agent of the 87
Division of Criminal Justice; and 88
(F) Each officer, employee or other person otherwise paid by or acting 89
as an agent of the Board of Pardons and Paroles; 90
(10) "Bail commissioner or intake, assessment or referral specialist" 91
means an employee of the Judicial Branch whose duties are described in 92
section 54-63d; [and] 93
(11) "School police or security department" means any police or 94
security department of (A) the constituent units of the state system of 95
higher education, as defined in section 10a-1, (B) a public school, or (C) 96
a local or regional school district; and 97
(12) "Public agency" has the same meaning as provided in section 1-98
200. 99
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(b) (1) No law enforcement officer, bail commissioner or intake, 100
assessment or referral specialist, or employee of a school police or 101
security department shall: 102
(A) Arrest or detain an individual pursuant to a civil immigration 103
detainer unless (i) the detainer is accompanied by a warrant issued or 104
signed by a judicial officer, (ii) the individual has been convicted of a 105
class A or B felony offense, or (iii) the individual is identified as a 106
possible match in the federal Terrorist Screening Database or similar 107
database; 108
(B) Expend or use time, money, facilities, property, equipment, 109
personnel or other resources to communicate with a federal 110
immigration authority regarding the custody status or release of an 111
individual targeted by a civil immigration detainer, except as provided 112
in subsection [(e)] (f) of this section; 113
(C) Arrest or detain an individual based on an administrative 114
warrant; 115
(D) Give a federal immigration authority access to interview an 116
individual who is in the custody of a law enforcement agency unless the 117
individual (i) has been convicted of a class A or B felony offense, (ii) is 118
identified as a possible match in the federal Terrorist Screening 119
Database or similar database, or (iii) is the subject of a court order issued 120
under 8 USC 1225(d)(4)(B); or 121
(E) Perform any function of a federal immigration authority, whether 122
pursuant to 8 USC 1357(g) or any other law, regulation, agreement, 123
contract or policy, whether formal or informal. 124
(2) The provisions of this subsection shall not prohibit submission by 125
a law enforcement officer of fingerprints to the Automated Fingerprints 126
Identification system of an arrested individual or the accessing of 127
information from the National Crime Information Center by a law 128
enforcement officer concerning an arrested individual. 129
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(c) (1) No public agency or officer, employee or other person 130
otherwise paid by or acting as an agent of a public agency shall use 131
interpretation services provided by a federal immigration authority. 132
(2) Except as provided in subdivision (3) of this subsection, no public 133
agency or officer, employee or other person otherwise paid by or acting 134
as an agent of a public agency shall disclose, for the purpose of 135
enforcement of federal immigration law, or in response to a request or 136
inquiry of any kind referencing a person's immigration status: (A) A 137
person's address; (B) a person's workplace or hours of work; (C) a 138
person's school or school hours; or (D) the date, time or location of a 139
person's hearings, proceedings or appointments with the public agency 140
that are not matters of public record. 141
(3) A public agency or officer, employee or other person otherwise 142
paid by or acting as an agent of a public agency may disclose 143
information prohibited from disclosure under subdivision (3) of this 144
subsection or subsection (e) or (f) of this section, only (A) if required to 145
do so by a judicial warrant or subpoena signed by a judicial officer, (B) 146
to the extent that such information is publicly available and such 147
disclosure is under the same terms and conditions as available to the 148
general public, (C) if otherwise required by law, or (D) if the information 149
is required to advance an investigation into a violation of criminal law. 150
(d) Prior to responding to a request for notification of the release date 151
and time from custody of a law enforcement agency of an individual 152
suspected of violating a federal immigration law or who has been issued 153
a final order of removal, the law enforcement officer shall forward the 154
request to the head of the law enforcement agency for review. 155
[(d)] (e) Any confidential information of an individual who comes 156
into contact with a law enforcement officer may be disclosed to a federal 157
immigration authority only if such disclosure is: 158
(1) Authorized in writing by the individual to whom the information 159
pertains, or by the parent or guardian of such individual if the 160
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individual is a minor or not legally competent to consent to such 161
disclosure; 162
(2) Necessary in furtherance of a criminal investigation of terrorism; 163
or 164
(3) Otherwise required by law. 165
[(e)] (f) (1) Upon receiving a civil immigration detainer, a law 166
enforcement agency shall provide a copy of the detainer to the affected 167
individual who is the subject of the detainer and inform the individual 168
whether the law enforcement agency intends to comply with the 169
detainer. If a law enforcement agency provides ICE with notification 170
that an individual is being, or will be released on a certain date, the law 171
enforcement agency shall promptly provide to the individual and to the 172
individual's attorney or shall make a good faith effort to contact one 173
other individual who the individual may designate, a copy of such 174
notification as well as the reason, in writing, that such law enforcement 175
agency is complying with the detainer. 176
(2) All records relating to ICE access maintained by law enforcement 177
agencies shall be deemed public records under the Freedom of 178
Information Act, as defined in section 1-200. Records relating to ICE 179
access include, but are not limited to, data maintained by the law 180
enforcement agency regarding the number and demographic data of 181
individuals to whom the agency has provided ICE access, the date ICE 182
access was provided to an individual, the type of ICE access provided 183
to an individual, the amount of resources expended on providing ICE 184
access and any communication between the law enforcement agency 185
and any federal immigration authority. No provision of this section 186
shall be construed to require disclosure of any record exempt from 187
disclosure under section 1-210 or 1-215. 188
(3) (A) Beginning January 1, 2020, the legislative body of any 189
municipality with a law enforcement agency that has provided ICE 190
access to an individual during the prior six months shall provide to the 191
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Office of Policy and Management, on an ongoing basis every six months, 192
data regarding the number and demographic data of individuals to 193
whom the law enforcement agency has provided ICE access, the date 194
ICE access was provided to an individual and whether the ICE access 195
was provided as part of compliance with a civil immigration detainer or 196
through other means. Data may be provided in the form of statistics or, 197
if statistics are not maintained, as individual records, provided 198
personally identifiable information is redacted. 199
(B) Beginning January 1, 2026, each public agency shall provide to the 200
Office of Policy and Management, on an ongoing basis every six months, 201
data regarding any request for disclosure of information, as described 202
in subsection (c) of this section, the date the request was made and the 203
response to the request, including whether any information was 204
disclosed in response to the request. Data may be provided in the form 205
of statistics or, if statistics are not maintained, as individual records, 206
provided personally identifiable information is redacted. 207
[(f)] (g) The Office of Policy and Management shall ensure that the 208
requirements of this section are disseminated to, and appropriate 209
training is provided for, all [affected law enforcement agencies and 210
school police or security departments and employees and agents of such 211
law enforcement agencies and school police or security departments] 212
public agencies or officers, employees or other persons otherwise paid 213
by or acting as agents of a public agency. Such training may entail how 214
law enforcement officers and other officials performing similar duties 215
will adhere to the provisions of this section and how they will interact 216
with crime victims, criminal suspects and individuals cooperating with 217
law enforcement officers. 218
[(g)] (h) No provision of this section shall be construed to provide, 219
expand or ratify the legal authority of any law enforcement agency to 220
detain an individual based on a civil immigration detainer request. 221
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 54-192h
Statement of Purpose:
To limit the type of information disclosed to a federal immigration
authority and to expand such limitation to all public agencies.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]