An Act
ENROLLED HOUSE
BILL NO. 2774 By: Pfeiffer and Boles of the
House
and
Bullard of the Senate
An Act relating to immigration; amending 57 O.S.
2011, Section 16a, which relates to the retention of
United States prisoners by county sheriffs; directing
law enforcement personnel to comply with immigration
detainer requests issued by certain federal agency ;
requiring certain notification to persons held
pursuant to immigration detainer; providing exemption
to certain duty upon proof of citizenship; defining
terms; providing for codification; and providing an
effective date.
SUBJECT: Immigration
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2011, Section 16a, is
amended to read as follows:
Section 16a. A. All sheriffs, jailers, prison keepers, and
their deputies, within this state, to whom any persons shall be sent
or committed, by virtue of legal process, issued by or under the
authority of the United States, shall receive such persons into
custody, and keep them safely until discharged by due course of the
laws of the United States; and all such sheriffs, jailers, prison
keepers and their deputies, offending in the premises, shall be
liable to the same pains and penalties, and t he parties aggrieved
shall be entitled to the same remedies against them, or any of them,
as if such prisoners had been committed to their custody by virtue
of legal process issued under the authority of this state.
ENR. H. B. NO. 2774 Page 2
B. All sheriffs, jailers, prison keepe rs and their deputies who
have custody of a person who is subject to an immigration detainer
request issued by the United States Immigration and Customs
Enforcement shall:
1. Comply with, honor and fulfill any request made in the
immigration detainer req uest provided by the United States
Immigration and Customs Enforcement ; and
2. Inform the person identified in the immigration detainer
request that the person is being held pursuant to an immigration
detainer issued by the United States Immigration and Customs
Enforcement.
C. A sheriff, jailer, prison keeper or deputy shall not be
required to perform a duty imposed by subsection B of this section
with respect to a person who has provided proof that he or she is a
citizen of the United States. Such pro of may include:
1. An Oklahoma driver license or identification card issued by
the Department of Public Safety on or after November 1, 2007; or
2. State- or federal government -issued identification.
D. All sheriffs, jailers, prison keepers, and their deputies,
within this state, shall allow reasonable access to their detention
facilities to the United States Immigration and Customs Enforcement
for the purpose of identifying inmates.
E. As used in this section, "immigration detainer request "
means a federal government request to a local entity to maintain
temporary custody of an alien, including a United States Department
of Homeland Security Form I -247 document or a similar successor
form.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 171.3 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. A law enforcement agency that has custody of a person who is
subject to an immigration detainer request iss ued by the United
States Immigration and Customs Enforcement shall:
ENR. H. B. NO. 2774 Page 3
1. Comply with, honor and fulfill any request made in the
immigration detainer request provided by the United States
Immigration and Customs Enforcement ; and
2. Inform the person ident ified in the immigration detainer
request that he or she is being held pursuant to an immigration
detainer request issued by the United States Immigration and Customs
Enforcement.
B. A law enforcement agency shall not be required to perform a
duty imposed by subsection A of this section with respect to a
person who has provided proof that the person is a citizen of the
United States. Such proof may include:
1. An Oklahoma driver license or identification card issued by
the Department of Public Safety o n or after November 1, 2007; or
2. State- or federal government -issued identification.
C. As used in this section:
1. "Immigration detainer request " means a federal government
request to a local entity to maintain temporary custody of an alien,
including a United States Department of Homeland Security Form I -247
document or a similar successor form; and
2. "Law enforcement agency " means any state, county or
municipal agency or department which maintains custody of persons
accused of, charged with or convicted of any criminal offense. This
term includes, but shall not be limited to, peace officers,
sheriffs, deputy sheriffs, jailers, correctional officers, agents,
employees or contractors of a law enforcement agency.
SECTION 3. This act shall become effective November 1, 2021.
ENR. H. B. NO. 2774 Page 4
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this ___ ______
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________