HOUSE BILL No. 6256

 

June 10, 2010, Introduced by Reps. Meltzer, Marleau, Lund, Walsh, Knollenberg, Haines, Rogers, Kowall, Rick Jones, Proos, Ball, Calley, Kurtz, Crawford, Horn, Daley, Moore and Haveman and referred to the Committee on Judiciary.

 

     A bill to provide for the determination of the immigration

 

status of persons present in this state under certain

 

circumstances; to allow for the enforcement of immigration laws in

 

this state and the detaining and transportation of persons

 

unlawfully present in the United States; to allow for certain civil

 

actions; and to provide for certain civil fines and criminal

 

penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"immigration law enforcement act".

 

     Sec. 2. (1) An officer or agency of this state or a political

 

subdivision of this state shall not limit or restrict the

 

enforcement of federal immigration laws to less than the full

 

extent permitted by federal law.


 

     (2) For any lawful stop, detention, or arrest made by a law

 

enforcement officer or law enforcement agency of this state or a

 

law enforcement officer or law enforcement agency of a political

 

subdivision of this state in the enforcement of any other state law

 

or local ordinance, where reasonable suspicion exists that the

 

person is an alien and is unlawfully present in the United States,

 

the law enforcement officer or agency shall make a reasonable

 

attempt, when practicable, to determine the immigration status of

 

the person unless the determination may hinder or obstruct an

 

investigation. Any person who is arrested shall have his or her

 

immigration status determined before the person is released. The

 

person's immigration status shall be verified with the federal

 

government pursuant to 8 USC 1373(c). A law enforcement officer or

 

law enforcement agency of this state or a law enforcement officer

 

or law enforcement agency of a political subdivision of this state

 

may not solely consider race, color, or national origin in

 

implementing the requirements of this subsection except to the

 

extent permitted by the constitution of the United States or the

 

state constitution of 1963. A person is presumed to not be an alien

 

who is unlawfully present in the United States if the person

 

provides to the law enforcement officer or agency any of the

 

following:

 

     (a) A valid Michigan operator's or chauffeur's license.

 

     (b) A valid Michigan state personal identification card.

 

     (c) A valid tribal enrollment card or other form of tribal

 

identification.

 

     (d) Any other valid United States, state, or local government


 

issued identification if the issuing entity requires proof of legal

 

presence in the United States before issuance.

 

     (3) If an alien who is unlawfully present in the United States

 

is convicted of a violation of state or local law, the United

 

States immigration and customs enforcement or the United States

 

customs and border protection shall be immediately notified when

 

the alien is discharged from imprisonment or is assessed a fine for

 

the violation.

 

     (4) A law enforcement agency may securely transport an alien

 

who the agency has received verification is unlawfully present in

 

the United States and who is in the agency's custody to a federal

 

facility in this state or to any other point of transfer into

 

federal custody that is outside the jurisdiction of the law

 

enforcement agency. A law enforcement agency shall obtain judicial

 

authorization before securely transporting an alien who is

 

unlawfully present in the United States to a point of transfer that

 

is outside of this state.

 

     (5) In the implementation of this section, an alien's

 

immigration status may be determined by either of the following:

 

     (a) A law enforcement officer who is authorized by the federal

 

government to verify or ascertain an alien's immigration status.

 

     (b) The United States immigration and customs enforcement or

 

the United States customs and border protection pursuant to 8 USC

 

1373(c).

 

     (6) Except as provided in federal law, officials or agencies

 

of this state or political subdivisions of this state shall not be

 

prohibited or in any way be restricted from sending, receiving, or


 

maintaining information relating to the immigration status of any

 

individual or exchanging that information with any other federal,

 

state, or local governmental entity for the following official

 

purposes:

 

     (a) Determining eligibility for any public benefit, service,

 

or license provided by any federal, state, local, or other

 

political subdivision of this state.

 

     (b) Verifying any claim of residence or domicile if

 

determination of residence or domicile is required under the laws

 

of this state or a judicial order issued pursuant to a civil or

 

criminal proceeding in this state.

 

     (c) If the person is an alien, determining whether the person

 

is in compliance with the federal registration laws prescribed by

 

title II, chapter 7 of the federal immigration and nationality act.

 

     (d) Pursuant to 8 USC section 1373 and 8 USC section 1644.

 

     (7) A person who is a legal resident of this state may bring

 

an action in circuit court to challenge any official or agency of

 

this state or a political subdivision of this state that adopts or

 

implements a policy that limits or restricts the enforcement of

 

federal immigration laws, including 8 USC 1373 and 1644, to less

 

than the full extent permitted by federal law. If there is a

 

judicial finding that an entity has violated this section, the

 

court shall order that the entity pay a civil penalty of not less

 

than $500.00 and not more than $5,000.00 for each day that the

 

policy has remained in effect after the filing of an action

 

pursuant to this subsection.

 

     (8) The court may award court costs and reasonable attorney


 

fees to any person or any official or agency of this state or a

 

political subdivision of this state that prevails by an

 

adjudication on the merits in a proceeding brought pursuant to this

 

section.

 

     (9) Except in relation to matters in which the officer is

 

adjudged to have acted in bad faith, a law enforcement officer is

 

indemnified by the law enforcement officer's agency against

 

reasonable costs and expenses, including attorney fees, incurred by

 

the officer in connection with any action, suit, or proceeding

 

brought pursuant to this section in which the officer may be a

 

defendant by reason of the officer being or having been a member of

 

the law enforcement agency.

 

     (10) This section shall be implemented in a manner consistent

 

with federal laws regulating immigration, protecting the civil

 

rights of all persons, and respecting the privileges and immunities

 

of United States citizens.

 

     Sec. 3. (1) In addition to any violation of federal law, a

 

person is guilty of willful failure to complete or carry an alien

 

registration document if the person is in violation of 8 USC

 

1304(e) or 1306(a).

 

     (2) In the enforcement of this section, the final

 

determination of an alien's immigration status shall be determined

 

by 1 of the following:

 

     (a) A law enforcement officer who is authorized by the federal

 

government to verify or ascertain an alien's immigration status.

 

     (b) A law enforcement officer or agency communicating with the

 

United States immigration and customs enforcement or the United


 

States border protection pursuant to 8 USC 1373(c).

 

     (3) A law enforcement officer or agency of this state or a

 

political subdivision of this state may not consider race, color,

 

or national origin in the enforcement of this section except to the

 

extent permitted by the constitution of the United States or the

 

state constitution of 1963.

 

     (4) This section does not apply to a person who maintains

 

authorization from the federal government to remain in the United

 

States.

 

     (5) Any record that relates to the immigration status of a

 

person is admissible in any court without further foundation or

 

testimony from a custodian of records if the record is certified as

 

authentic by the government agency that is responsible for

 

maintaining the record.

 

     (6) A violation of this section is a misdemeanor punishable as

 

follows:

 

     (a) Except as provided in subdivision (b), by imprisonment for

 

not more than 20 days or a fine of not more than $100.00, or both.

 

     (b) For a second or subsequent violation, by imprisonment for

 

not more than 30 days or a fine of not more than $100.00, or both.