Bill > HB06659

This bill establishes procedures for civil immigration detainers, which are requests from federal immigration authorities to hold individuals in custody. A civil immigration detainer is defined as a request made under federal regulations (8 CFR 287.7). The bill clarifies that "convicted of a felony" means a final judgment of guilt, regardless of pending appeals. Federal immigration authorities are defined as agents of U.S. Immigration and Customs Enforcement or the Department of Homeland Security involved in enforcing civil immigration laws. Law enforcement officers, including those from the Department of Correction, municipal police, state police, and judicial/state marshals, are covered by these provisions. Crucially, law enforcement officers can only detain an individual based on a civil immigration detainer if they determine the individual meets specific criteria, such as having been convicted of a felony, facing pending criminal charges in the state, having an outstanding arrest warrant, being identified as a gang member or security risk, being a potential match in a terrorist database, having a final deportation order, or posing an unacceptable risk to public safety. If an individual is to be detained, law enforcement must immediately notify U.S. Immigration and Customs Enforcement and inform them that the individual will be held for a maximum of 48 hours, excluding weekends and federal holidays; if federal authorities do not take custody within this timeframe, the individual must be released, and no one can be held solely on the basis of a civil immigration detainer for longer than this period.