| 1 | 1 | | SENATE BILL NO. 968 A bill to require certain law enforcement agencies to perform certain immigration officer functions under the direction and oversight of certain federal immigration agencies; to create the jail enforcement model and warrant service officer program; and to provide for the powers and duties of certain state and local governmental officers and entities. the people of the state of michigan enact: Sec. 1. This act may be cited as the "immigration and customs enforcement support act". Sec. 3. As used in this act: (a) "Agreement" means the memorandum agreement described under section 7. (b) "ICE" means the United States Immigration and Customs Enforcement. (c) "Law enforcement agency" means an agency that administers the detention of individuals and that is 1 of the following: (i) The department of state police. (ii) A sheriff of a county, or the law enforcement agency of a city, village, or township. (d) "Law enforcement officer" means an individual who is employed by a law enforcement agency and is responsible for the prevention and detection of crime and the enforcement of the general laws of this state. (e) "Program" means the jail enforcement model and warrant service officer program created under section 5. Sec. 5. Beginning on the effective date of this act and subject to this section, a law enforcement agency shall create and operate the jail enforcement model or the warrant service officer program, or both, for purposes of designating law enforcement officers to participate in a program to help ICE enforce immigration laws within the jurisdiction of the law enforcement agency. A law enforcement agency may not create and operate a program unless the law enforcement agency receives funds from the immigration and customs enforcement support fund. Sec. 7. (1) Before a law enforcement agency creates and operates a program, the law enforcement agency must enter into a written agreement with the Department of Homeland Security in accordance with section 287(g) of the immigration and nationality act, 8 USC 1357, to function as federal immigration agents and enforce certain immigration laws. (2) Not later than 30 days after signing the agreement, a law enforcement agency shall do both of the following: (a) Designate law enforcement officers within the law enforcement agency to participate in the jail enforcement model or the warrant service officer program, or both, and receive training from ICE certified instructors to implement this act. (b) Adopt a written policy that incorporates the requirements of this act. Sec. 9. A law enforcement officer or law enforcement agency shall do all of the following: (a) Before releasing a lawfully arrested individual, make a reasonable attempt to verify or ascertain the citizenship or immigration status of the individual who is detained. The law enforcement officer or law enforcement agency may ascertain or verify the citizenship or immigration status of an individual in accordance with 8 USC 1373(c). (b) Immediately transfer an individual who is not legally in the United States and has been convicted under the criminal laws of this state or assessed fines for a violation of a law of this state, upon discharge from imprisonment or after the payment of fines, to the custody of ICE or the United States Customs and Border Protection. (c) Except as otherwise provided under state or federal law, participate in the transportation of an individual who is not legally present in the United States and in the custody of the law enforcement agency to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement officer's law enforcement agency. Enacting section 1. This act does not take effect unless Senate Bill No. 969 of the 102nd Legislature is enacted into law. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | SENATE BILL NO. 968 |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | |
|---|
| 27 | 27 | | A bill to require certain law enforcement agencies to perform certain immigration officer functions under the direction and oversight of certain federal immigration agencies; to create the jail enforcement model and warrant service officer program; and to provide for the powers and duties of certain state and local governmental officers and entities. |
|---|
| 28 | 28 | | |
|---|
| 29 | 29 | | the people of the state of michigan enact: |
|---|
| 30 | 30 | | |
|---|
| 31 | 31 | | Sec. 1. This act may be cited as the "immigration and customs enforcement support act". |
|---|
| 32 | 32 | | |
|---|
| 33 | 33 | | Sec. 3. As used in this act: |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | (a) "Agreement" means the memorandum agreement described under section 7. |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | (b) "ICE" means the United States Immigration and Customs Enforcement. |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | (c) "Law enforcement agency" means an agency that administers the detention of individuals and that is 1 of the following: |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | (i) The department of state police. |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | (ii) A sheriff of a county, or the law enforcement agency of a city, village, or township. |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | (d) "Law enforcement officer" means an individual who is employed by a law enforcement agency and is responsible for the prevention and detection of crime and the enforcement of the general laws of this state. |
|---|
| 46 | 46 | | |
|---|
| 47 | 47 | | (e) "Program" means the jail enforcement model and warrant service officer program created under section 5. |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | Sec. 5. Beginning on the effective date of this act and subject to this section, a law enforcement agency shall create and operate the jail enforcement model or the warrant service officer program, or both, for purposes of designating law enforcement officers to participate in a program to help ICE enforce immigration laws within the jurisdiction of the law enforcement agency. A law enforcement agency may not create and operate a program unless the law enforcement agency receives funds from the immigration and customs enforcement support fund. |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | Sec. 7. (1) Before a law enforcement agency creates and operates a program, the law enforcement agency must enter into a written agreement with the Department of Homeland Security in accordance with section 287(g) of the immigration and nationality act, 8 USC 1357, to function as federal immigration agents and enforce certain immigration laws. |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | (2) Not later than 30 days after signing the agreement, a law enforcement agency shall do both of the following: |
|---|
| 54 | 54 | | |
|---|
| 55 | 55 | | (a) Designate law enforcement officers within the law enforcement agency to participate in the jail enforcement model or the warrant service officer program, or both, and receive training from ICE certified instructors to implement this act. |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | (b) Adopt a written policy that incorporates the requirements of this act. |
|---|
| 58 | 58 | | |
|---|
| 59 | 59 | | Sec. 9. A law enforcement officer or law enforcement agency shall do all of the following: |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | (a) Before releasing a lawfully arrested individual, make a reasonable attempt to verify or ascertain the citizenship or immigration status of the individual who is detained. The law enforcement officer or law enforcement agency may ascertain or verify the citizenship or immigration status of an individual in accordance with 8 USC 1373(c). |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | (b) Immediately transfer an individual who is not legally in the United States and has been convicted under the criminal laws of this state or assessed fines for a violation of a law of this state, upon discharge from imprisonment or after the payment of fines, to the custody of ICE or the United States Customs and Border Protection. |
|---|
| 64 | 64 | | |
|---|
| 65 | 65 | | (c) Except as otherwise provided under state or federal law, participate in the transportation of an individual who is not legally present in the United States and in the custody of the law enforcement agency to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement officer's law enforcement agency. |
|---|
| 66 | 66 | | |
|---|
| 67 | 67 | | Enacting section 1. This act does not take effect unless Senate Bill No. 969 of the 102nd Legislature is enacted into law. |
|---|