Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0537 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO STATE AFFAIRS AND GOVERNMENT --THE PROTECTED SPACES ACT
1616 Introduced By: Senators Bissaillon, Mack, Acosta, Quezada, Lawson, and Bell
1717 Date Introduced: February 26, 2025
1818 Referred To: Senate Judiciary
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Legislative findings. 1
2323 The general assembly makes the following findings and declarations: 2
2424 (1) A relationship of trust between Rhode Island's immigrant community and state and 3
2525 local agencies is central to the public safety of the people of Rhode Island. 4
2626 (2) This trust is threatened when immigrant community members fear seeking basic 5
2727 healthcare services, transporting their children to and from school and practicing their religion, to 6
2828 the detriment of the well-being of all Rhode Islanders. 7
2929 (3) State and local participation in federal immigration enforcement raises constitutional 8
3030 concerns, including the prospect that Rhode Island residents could be detained in violation of the 9
3131 Fourth Amendment of the United States Constitution, targeted on the basis of race or ethnicity in 10
3232 violation of the Equal Protection Clause, or denied access to education based on immigration status. 11
3333 (4) This act seeks to protect the safety, health, well-being and constitutional rights of the 12
3434 people of Rhode Island. 13
3535 SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND 14
3636 GOVERNMENT" is hereby amended by adding thereto the following chapter: 15
3737 CHAPTER 167 16
3838 THE PROTECTED SPACES ACT 17
3939 42-167-1. Short title. 18
4040 This chapter shall be known and may be cited as "The Protected Spaces Act." 19
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4444 42-167-2. Definitions. 1
4545 The following terms have the following meanings: 2
4646 (1) "Civil immigration warrant" means any warrant for a violation of federal civil 3
4747 immigration law, and includes civil immigration warrants entered in the National Crime 4
4848 Information Database. 5
4949 (2) "Federal immigration authority" means any officer, employee, or person otherwise paid 6
5050 by or acting as an agent of United States Immigration and Customs Enforcement or United States 7
5151 Custom and Border Protection or any division or designee thereof, or any other officer, employee, 8
5252 or person otherwise paid by or acting as an agent of the United States Department of Homeland 9
5353 Security or United States Department of State who is charged with immigration enforcement. 10
5454 (3) "Health facilities" means any medical treatment facility, including hospitals, healthcare 11
5555 clinics, or urgent care facilities, doctors' offices, substance abuse treatment facilities or any facility 12
5656 that provides medical or mental health care. 13
5757 (4) "Immigration enforcement" means and includes any and all efforts to investigate, 14
5858 enforce, or assist in the investigation or enforcement of any federal civil immigration law and any 15
5959 federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or 16
6060 employment in, the United States including, but not limited to, violations of Sections 1259, 1324c, 17
6161 1325, or 1326 of Title 8 of the United States Code (8 U.S.C. ยงยง 1259, 1324, 1325 and 1326). 18
6262 (5) "Judicial warrant" means a warrant based on probable cause and issued by a federal 19
6363 judge or a federal magistrate judge that authorizes federal immigration authorities to take into 20
6464 custody the person who is the subject of the warrant. 21
6565 (6) "Places of worship" means any facility rented, owned or leased where religious services 22
6666 or ceremonies take place including, but not limited to, such events as worship services, marriages, 23
6767 funerals, and baptisms. 24
6868 (7) "Public libraries" means any library that is established by state or local laws or 25
6969 regulations and is supported, in whole or in part, with public funds. 26
7070 (8) "Schools" means any public, private or charter school, including independent, district 27
7171 charter schools and mayoral academies, pre-schools and other early learning programs, known and 28
7272 licensed daycares, primary or secondary schools and institutions of higher education, as well as 29
7373 scholastic or education-related activities or events. 30
7474 42-167-3. Protected locations. 31
7575 Rhode Island schools, places of worship, health facilities and public libraries shall not grant 32
7676 access to their premises, for any federal immigration authority to investigate, detain, apprehend, or 33
7777 arrest any individuals for potential violations of federal immigration laws, unless such federal 34
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8181 immigration authority presents a judicial warrant that clearly identifies the individual whom the 1
8282 federal authority seeks to locate, serve, or apprehend. 2
8383 42-167-4. Severability. 3
8484 The provisions of this chapter are severable. If any provision of this chapter or its 4
8585 application is held invalid, that invalidity shall not affect other provisions or applications that can 5
8686 be given effect without the invalid provision or application. 6
8787 SECTION 3. This act shall take effect upon passage. 7
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9494 EXPLANATION
9595 BY THE LEGISLATIVE COUNCIL
9696 OF
9797 A N A C T
9898 RELATING TO STATE AFFAIRS AND GOVERNME NT --THE PROTECTED SPACES ACT
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100100 This act would limit the ability for any federal immigration authority to investigate, detain, 1
101101 apprehend or arrest any individuals for potential violations of federal immigration laws without a 2
102102 judicial warrant within certain protected locations. 3
103103 This act would take effect upon passage. 4
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