February 22, 2011, Introduced by Reps. Agema, Hooker, Pettalia, Genetski, Franz, Huuki, Knollenberg, Johnson, Forlini, Glardon, Zorn, Potvin, Opsommer, Damrow, Rogers, Lori and Scott 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
"support our law enforcement and safe neighborhoods act".
Sec. 2. The terms of this act regarding immigration shall be
construed to have the meanings given to them under federal
immigration law, and the provisions of this act shall be
implemented in a manner consistent with federal laws regulating
immigration while protecting the civil rights of all persons and
respecting the privileges and immunities of United States citizens.
Sec. 3. (1) Except where exempted by federal law, every state
agency and political subdivision of this state shall verify the
lawful presence in the United States of any natural person 18 years
of age or older who has applied for federal public benefits, state
public benefits, or local public benefits, as defined in section
411 of the personal responsibility and work opportunity
reconciliation act of 1996, 8 USC 1621, that are administered by
the state agency or political subdivision of this state.
(2) Verification of lawful presence under this section is not
required for any of the following:
(a) Assistance for health care items and services that are
necessary for the treatment of an emergency medical condition of
the alien involved and are not related to an organ transplant
procedure.
(b) Short-term, noncash, in-kind emergency disaster relief.
(c) Public health assistance for immunizations with respect to
diseases and for testing and treatment of symptoms of communicable
diseases, whether or not such symptoms are caused by a communicable
disease.
(d) Programs, services, or assistance such as soup kitchens,
crisis counseling and intervention, and short-term shelter
specified by the attorney general of the United States, in the sole
and unreviewable discretion of the attorney general of the United
States after consultation with appropriate federal agencies and
departments, which meet all of the following criteria:
(i) Deliver in-kind services at the community level, including
through public or private nonprofit agencies.
(ii) Do not condition the provision of assistance, the amount
of assistance provided, or the cost of assistance provided on the
income or resources of the individual recipient.
(iii) Are necessary for the protection of life or safety.
(3) Verification of lawful presence in the United States by
the state agency or political subdivision of this state required to
make that verification shall require that the applicant execute an
affidavit under penalty of perjury that the applicant is 1 of the
following:
(a) A United States citizen.
(b) A qualified alien under the immigration and nationality
act, 8 USC 1101 to 1537, and is lawfully present in the United
States.
(4) For any applicant who has executed the affidavit described
in subsection (3)(b), eligibility for benefits shall be made
through the systematic alien verification of entitlement program
operated by the United States department of homeland security or a
successor program designated by the United States department of
homeland security. Until the eligibility verification is made, the
affidavit may be presumed to be proof of lawful presence for the
purposes of this section.
(5) Any person who knowingly and willfully makes a false,
fictitious, or fraudulent statement of representation in an
affidavit executed under subsection (3) is guilty of a misdemeanor
punishable by imprisonment for not more than 91 days or a fine of
not more than $500.00, or both. If the affidavit constitutes a
false claim of United States citizenship in violation of 18 USC
911, a complaint shall be filed by the agency requiring the
affidavit with the United States attorney for the federal judicial
district in which the agency is located.
(6) Agencies or political subdivisions of this state may adopt
variations to the requirements of the provisions of this section
that demonstrably improve the efficiency or reduce delay in the
verification process or to provide for adjudication of unique
individual circumstances where the verification procedures in this
section would impose unusual hardship on a legal resident of this
state.
(7) An agency or political subdivision of this state shall not
provide any federal benefit, state benefit, or local benefit, as
defined in section 411 of the personal responsibility and work
opportunity reconciliation act of 1996, 8 USC 1621, in violation of
this section.
Sec. 4. (1) An official or agency of this state or a political
subdivision of this state shall not adopt a policy that limits or
restricts enforcement of federal immigration laws to less than the
full extent permitted by federal law.
(2) When a law enforcement officer has lawfully stopped,
detained, or arrested, for a violation of a law of this state or
any political subdivision of this state, a person who is or should
reasonably be suspected of being unlawfully present in the United
States, a complete, full, and appropriate attempt shall be made to
verify the person's immigration status with the federal government.
The person's immigration status shall be verified through a query
to the appropriate entity of the federal government under 8 USC
1373(c). For the purposes of this subsection, a person is presumed
not to 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) Any other valid United States, state, or local government
issued identification document if the issuing agency 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 law or local ordinance upon
discharge from imprisonment or assessment of any fine that is
imposed, the alien shall be transferred immediately to the custody
of the United States immigration and customs enforcement or the
United States customs and border protection.
(4) A law enforcement agency may securely transport an alien
who is unlawfully present in the United States and who is in the
agency's custody to a federal facility in this state or any other
point of transfer into federal custody that is outside the
jurisdiction of the law enforcement agency. If the point of
transfer is located outside of this state, the arrested person
first shall be served with a copy of a detainer request issued by a
federal immigration officer or a record of judicial authorization
for the transfer.
(5) A law enforcement officer, with or without a warrant, may
arrest a person if the officer has probable cause to believe that
the person has committed a public offense that makes the person
removable from the United States.
(6) Except as provided in federal law, officials or agencies
of this state or any political subdivision of this state shall not
be prohibited or in any way 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) The investigation, adjudication, or prosecution of a
criminal or civil offense.
(b) Determining eligibility for any public benefit, service,
or license provided by the federal government, any state
government, or any political subdivision of a state government.
(c) Verifying a 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.
(d) Confirming the identity of any person who is detained.
(e) If the person is an alien, determining whether the person
is in compliance with the federal registration laws.
(7) A person may bring an action in circuit court to challenge
any official or agency of this state or any political subdivision
of this state that adopts or implements a policy limiting or
restricting enforcement of federal immigration laws to less than
the full extent permitted by federal law. If there is a judicial
finding that an official or agency of this state or any political
subdivision of this state has violated this section, the court may
order any of the following:
(a) That the person who brought the action recover court costs
and attorney fees.
(b) That the official or agency of this state or any political
subdivision of this state pay a civil fine of not less than
$1,000.00 and not more than $5,000.00 for each day beyond the
seventh day that the policy remains in effect after service of
notice on the agency of the filing of an action under this
subsection.
(8) A law enforcement officer shall be indemnified by the law
enforcement officer's agency against reasonable costs and expenses,
including attorney fees, incurred in connection with an action or
proceeding under this section to which the officer may become a
party by reason of being or having been a member of the law
enforcement agency, except in relation to matters in which the
officer is adjudged to have acted in bad faith.
(9) 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. 5. (1) Except as provided in subsection (5), and in
addition to any violation of federal law, a person who willfully
fails to apply for alien registration or to carry an alien
registration document in violation of 8 USC 1304(e) or 1306(a) is
guilty of a misdemeanor punishable by imprisonment for not more
than 91 days or a fine of not more than $500.00, or both. In
addition to any other penalty prescribed by law, the court shall
order the offender to pay jail costs and an additional civil fine
of $500.00 for a first violation and $1,000.00 for a second or
subsequent offense.
(2) In enforcing this section, the final determination of an
alien's immigration status shall be made 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 customs and border protection.
(3) This section does not apply to a person who maintains
authorization from the federal government to remain in the United
States.
(4) 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.
(5) A violation of this section is a misdemeanor punishable by
imprisonment for not more than 6 months or a fine of not more than
$1,000.00, or both, if the person violates this section while in
possession of a illegal controlled substance, a deadly weapon, or
property used for the purpose of committing an act of terrorism, as
that term is defined in section 543b of the Michigan penal code,
1931 PA 328, MCL 750.543b.