2025 -- H 5724
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LC001255
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DETENTION FOR FEDERAL
CIVIL IMMIGRATION VIOLATIONS
Introduced By: Representatives Giraldo, Alzate, Potter, Morales, Stewart, Diaz, Biah,
Tanzi, and Felix
Date Introduced: February 26, 2025
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
CHAPTER 167 3
DETENTION FOR FEDERAL CIVIL IMMIGRATION VIOLATIONS 4
42-167-1. Short title. 5
This chapter shall be known and may be cited as the "Detention for Federal Civil 6
Immigration Violations". 7
42-167-2. Prohibition on agreements to detain individuals for federal civil 8
immigration violations. 9
(a) No state or municipal governmental official or body, or instrumentality or agency 10
thereof, may enter into or renew any contract, intergovernmental service agreement, memorandum 11
of understanding or any other agreement to detain individuals for federal civil immigration 12
violations. 13
(b) A state official or body, or instrumentality or agency thereof, with an existing contract, 14
intergovernmental service agreement, memorandum of understanding or other agreement that is 15
used, whether in whole or part, to detain individuals for federal civil immigration violations, shall 16
exercise the termination provision in the contract, intergovernmental service agreement, 17
memorandum of understanding or other agreement as applied to detaining individuals for federal 18
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civil immigration violations no later than July 1, 2026. 1
42-167-3. Prohibition from using public resources to facilitate detaining individuals 2
for federal civil immigration violations. 3
No state or municipal governmental official or body, or instrumentality or agency thereof, 4
shall: 5
(1) Sell, trade, lease or otherwise dispose of any real or personal property belonging to the 6
state or municipal governmental body or entity for the purpose of facilitating the establishment or 7
operation of a facility that detains or will detain individuals for federal civil immigration violations; 8
(2) Use state or municipal governmental funds or assets to pay, reimburse, subsidize or 9
defray in anyway any cost related to the sale, purchase, construction, development, ownership, 10
management or operation of a facility that detains or will detain individuals for federal civil 11
immigration violations; 12
(3) Receive per diem per detainee payments or any other payments related to a facility that 13
detains or will detain individuals for federal civil immigration violations; 14
(4) Otherwise give any financial incentive or benefit in connection with the sale, purchase, 15
construction, development, ownership, management or operation of a facility that detains or will 16
detain individuals for federal civil immigration violations; or 17
(5) Impose or continue in effect any law, ordinance, policy or regulation that violates or 18
conflicts with the provisions of this chapter. 19
42-167-4. Severability. 20
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any 21
court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not 22
affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to 23
the clause, sentence, paragraph, section, or part directly involved in the controversy in which that 24
judgment shall have been rendered. 25
SECTION 2. This act shall take effect upon passage. 26
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNME NT -- DETENTION FOR FEDERAL
CIVIL IMMIGRATION VIOLATIONS
***
This act would prohibit any state or municipal government official or agency from 1
entering into any contract to detain individuals for civil immigration violations, and if any such 2
contract is in existence, the contract must be terminated by July 1, 2026. It would further prohibit 3
the use of any public resources to detain individuals for federal civil immigration violations. 4
This act would take effect upon passage. 5
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