Rhode Island 2025 Regular Session

Rhode Island House Bill H5225 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- H 5225
6	6	========
7	7	LC000884
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT --THE PROTECTED SPACES ACT
16	16	Introduced By: Representatives Alzate, Potter, Casimiro, Giraldo, Morales, Boylan,
17	17	Sanchez, Voas, Ajello, and Kazarian
18	18	Date Introduced: January 29, 2025
19	19	Referred To: House Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Legislative findings. 1
24	24	The general assembly makes the following findings and declarations: 2
25	25	(1) A relationship of trust between Rhode Island's immigrant community and state and 3
26	26	local agencies is central to the public safety of the people of Rhode Island. 4
27	27	(2) This trust is threatened when immigrant community members fear seeking basic 5
28	28	healthcare services, transporting their children to and from school and practicing their religion, to 6
29	29	the detriment of the well-being of all Rhode Islanders. 7
30	30	(3) State and local participation in federal immigration enforcement raises constitutional 8
31	31	concerns, including the prospect that Rhode Island residents could be detained in violation of the 9
32	32	Fourth Amendment of the United States Constitution, targeted on the basis of race or ethnicity in 10
33	33	violation of the Equal Protection Clause, or denied access to education based on immigration status. 11
34	34	(4) This act seeks to protect the safety, health, well-being and constitutional rights of the 12
35	35	people of Rhode Island. 13
36	36	SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND 14
37	37	GOVERNMENT" is hereby amended by adding thereto the following chapter: 15
38	38	CHAPTER 167 16
39	39	THE PROTECTED SPACES ACT 17
40	40	42-167-1. Short title. 18
41	41	This chapter shall be known and may be cited as "The Protected Spaces Act." 19
42	42
43	43
44	44	LC000884 - Page 2 of 4
45	45	42-167-2. Definitions. 1
46	46	The following terms have the following meanings: 2
47	47	(1) "Civil immigration warrant" means any warrant for a violation of federal civil 3
48	48	immigration law, and includes civil immigration warrants entered in the National Crime 4
49	49	Information Database. 5
50	50	(2) "Federal immigration authority" means any officer, employee, or person otherwise paid 6
51	51	by or acting as an agent of United States Immigration and Customs Enforcement or United States 7
52	52	Custom and Border Protection or any division or designee thereof, or any other officer, employee, 8
53	53	or person otherwise paid by or acting as an agent of the United States Department of Homeland 9
54	54	Security or United States Department of State who is charged with immigration enforcement. 10
55	55	(3) "Health facilities" means any medical treatment facility, including hospitals, healthcare 11
56	56	clinics, or urgent care facilities, doctors' offices, substance abuse treatment facilities or any facility 12
57	57	that provides medical or mental health care. 13
58	58	(4) "Immigration enforcement" means and includes any and all efforts to investigate, 14
59	59	enforce, or assist in the investigation or enforcement of any federal civil immigration law and any 15
60	60	federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or 16
61	61	employment in, the United States including, but not limited to, violations of Sections 1259, 1324c, 17
62	62	1325, or 1326 of Title 8 of the United States Code (8 U.S.C. §§ 1259, 1324, 1325 and 1326). 18
63	63	(5) "Judicial warrant" means a warrant based on probable cause and issued by a federal 19
64	64	judge or a federal magistrate judge that authorizes federal immigration authorities to take into 20
65	65	custody the person who is the subject of the warrant. 21
66	66	(6) "Places of worship" means any facility rented, owned or leased where religious services 22
67	67	or ceremonies take place including, but not limited to, such events as worship services, marriages, 23
68	68	funerals, and baptisms. 24
69	69	(7) "Public libraries" means any library that is established by state or local laws or 25
70	70	regulations and is supported, in whole or in part, with public funds. 26
71	71	(8) "Schools" means any public, private or charter school, including independent, district 27
72	72	charter schools and mayoral academies, pre-schools and other early learning programs, known and 28
73	73	licensed daycares, primary or secondary schools and institutions of higher education, as well as 29
74	74	scholastic or education-related activities or events. 30
75	75	42-167-3. Protected locations. 31
76	76	Rhode Island schools, places of worship, health facilities and public libraries shall not grant 32
77	77	access to their premises, for any federal immigration authority to investigate, detain, apprehend, or 33
78	78	arrest any individuals for potential violations of federal immigration laws, unless such federal 34
79	79
80	80
81	81	LC000884 - Page 3 of 4
82	82	immigration authority presents a judicial warrant that clearly identifies the individual whom the 1
83	83	federal authority seeks to locate, serve, or apprehend. 2
84	84	42-167-4. Severability. 3
85	85	The provisions of this chapter are severable. If any provision of this chapter or its 4
86	86	application is held invalid, that invalidity shall not affect other provisions or applications that can 5
87	87	be given effect without the invalid provision or application. 6
88	88	SECTION 3. This act shall take effect upon passage. 7
89	89	========
90	90	LC000884
91	91	========
92	92
93	93
94	94	LC000884 - Page 4 of 4
95	95	EXPLANATION
96	96	BY THE LEGISLATIVE COUNCIL
97	97	OF
98	98	A N A C T
99	99	RELATING TO STATE AFFAIRS AND GOVERNMENT --THE PROTECTED SPACES ACT
100	100	***
101	101	This act would limit the ability for any federal immigration authority to investigate, detain, 1
102	102	apprehend or arrest any individuals for potential violations of federal immigration laws without a 2
103	103	judicial warrant within certain protected locations. 3
104	104	This act would take effect upon passage. 4
105	105	========
106	106	LC000884
107	107	========