September 9, 2015, Introduced by Senators KOWALL, PAVLOV, ROBERTSON, COLBECK, GREEN, JONES and BRANDENBURG and referred to the Committee on Judiciary.
A bill to prohibit local units of government from enacting or
enforcing any law, ordinance, policy, or rule that limits local
officials, officers, or employees from communicating or cooperating
with appropriate federal officials concerning the immigration
status of individuals; to prescribe the powers and duties of
certain local officers, officials, and employees; to provide for
certain reporting requirements; and to prescribe penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"sanctuary policy prohibition act".
Sec. 3. As used in this act:
(a) "Governing body" means any of the following:
(i) The council, commission, or other entity vested with the
legislative power of a city or village.
(ii) The township board of a township or charter township.
(iii) The county board of commissioners of a county.
(b) "Local unit of government" means a county, city, village,
township, or charter township.
Sec. 5. The governing body of a local unit of government shall
not enact or enforce any law, ordinance, policy, or rule that
limits or prohibits a peace officer or local official, officer, or
employee from communicating or cooperating with appropriate federal
officials concerning the immigration status of an individual in
this state.
Sec. 7. (1) The governing body of a local unit of government
shall provide written notice to each peace officer, official,
officer, and employee in the local unit of government of his or her
duty to cooperate with appropriate federal and state officials
concerning the enforcement of federal and state immigration laws.
(2) The governing body of a local unit of government shall
provide written confirmation to the Michigan legislature that the
local unit of government has complied with the requirements of
subsection (1).
Sec. 9. A peace officer who has probable cause to believe that
an individual under arrest is not legally present in the United
States shall report that individual to the United States
Immigration and Customs Enforcement office.
Sec. 11. Before March 1 of each year, the governing body of a
local unit of government shall report to the Michigan legislature
the number of reports made to the United States Immigration and
Customs Enforcement office pursuant to this act.
Sec. 13. Notwithstanding any other provision of law to the
contrary, if the governing body of a local unit of government fails
to comply with 1 or more of the requirements of this act, the state
treasurer shall withhold the total annual payment amount that the
local unit of government receives under the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921,
for each year or portion of a year that the local unit of
government fails to comply with the requirements of this act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.