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ENGROSSED SENATE
BILL NO. 572 By: Dahm and Bergstrom of the
Senate
and
Steagall of the House
An Act relating to immigration and customs laws;
amending 74 O.S. 2011, Section 20j, which relates to
Attorney General enforcement of federal immigration
and customs laws; prohibiting enactment or adoption
of certain policies; defining term; requiring
Attorney General to make certain determination upon
request; providing for ineligibility for certain
funding; subjecting certain offic ials to removal from
office; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 20j, is
amended to read as follows:
Section 20j. A. The Attorney General is authorized and
directed to negotiate the terms of a Memorandum of Understanding
between the State of Oklahoma and the United States Department of
Justice or the United States Department of Home land Security, as
provided by Section 1357 (g) of Title 8 of the United States Code,
concerning the enforcement of federal immigration and customs laws,
detention and removals, and investigations in the State of Okla homa.
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B. The Memorandum of Understanding negotiated pursuant to
subsection A of this section shall be signed on behalf of this state
by the Attorney General and the Governor or as otherwise required by
the appropriate federal agency.
C. No political subdivision or agency of the state or any local
government, whether acting through its governing body or by an
initiative, referendum, or any other process, shall enact or adopt
any ordinance, sanctuary policy or other policy that limits or
prohibits a law enforcement officer, local government official, or
local government employee from comm unicating or cooperating with
federal officials with regard to the immigration status of any
person within this state. For the purposes of this section,
“sanctuary policy” includes, but is not limited to, any o rdinance or
policy that:
1. Restricts or imposes conditions on compliance with a
detainer or other request from United States Immigration and Customs
Enforcement to maintain custody of an undocumented alien or to
transfer custody of an undocumented alien to the United States
Immigration and Custom s Enforcement;
2. Requires United States Immigration and Customs Enfo rcement
to obtain a warrant or court order before compliance with a detainer
or other request;
3. Prevents a law enforcement officer from inquir ies to a
person about his or her immigration status when specific and
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articulable facts support probable cause that the person is an
undocumented alien; or
4. Knowingly provides special benefits, privileges or support
to an undocumented alien.
D. Notwithstanding any other provision of law, no government
entity or official within the State of Oklahoma may prohibit, or in
any way restrict, any government entity or official from sending to,
or receiving from, the United States Departme nt of Homeland
Security, information regarding the citizenship or immigration
status, lawful or unlawful, of any individual.
E. Notwithstanding any other provision of law, no person or
agency may prohibit, or in any way restrict, a public employee from
doing any of the following with respect to information regarding the
immigration status, lawful or unlawful, of any individual:
1. Sending such information to, or requesting or receiving such
information from, the United States Department of Homeland Securi ty;
2. Maintaining such information; or
3. Exchanging such i nformation with any other federal, state,
or local government entity.
F. Upon request for an opinion pursuant to paragraph 5 of
subsection A of Section 18b of this title, t he Attorney General of
this state shall determine whether an ordinance or policy is in
violation of this section. A political subdivision or agency of the
state or any local government that enacts or adopts any ordi nance,
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sanctuary policy or other policy in violation of this section shall
be ineligible to receive any state appropriation or funding through
a grant administered by any state agency or depar tment until such
ordinance or policy is repealed or no longer in effect.
G. The provisions of this section shall allow for a private
right of action by any natural or legal person lawful ly domiciled in
this state to file for a writ of mandamus to compel any
noncooperating local or state governmental ag ency or political
subdivision to comply with such reporting laws.
H. An elected or appointed officia l who willfully violates the
provisions of this section shall be subject to removal for official
misconduct pursuant to Section 93 of Title 51 of the Oklahoma
Statutes.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 11th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives