Immigrant Assistance in Crime Fighting Act
Summary: The Immigrant Assistance in Crime Fighting Act prohibits law enforcement agents and other agents of state and local government from inquiring into the immigration status of people who are complainants or witnesses to violations of state or local law.
SECTION 1. SHORT TITLE
This Act shall be called the “Immigrant Assistance in Crime Fighting Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds that:
1. Over XX percent of the residents of [State] were classified as foreign-born in the 2000 census.
2. The cooperation of all members of the community, regardless of immigration status, is essential to law enforcement.
3. Currently, both documented and undocumented immigrants are less likely to report violations of state and local law because of the fear that complainants and witnesses may be harassed by federal immigration authorities.
(B) PURPOSE—This law is enacted to promote the safety and health of all residents by making it more likely that immigrants will report violations of state and local law.
SECTION 3. IMMIGRANT ASSISTANCE IN CRIME FIGHTING
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITION—In this section:
1. “Immigration status” means questions of United States citizenship, citizenship of any other country, legal right to reside or otherwise be present in the United States, and the time or manner of a person’s entry into the United States.
2. “Local government” means the government of cities, municipalities, counties and all other subdivisions of government throughout the state.
(B) PROTECTION OF IMMIGRANT COMPLAINANTS AND WITNESSES
1. No law enforcement or other agent of state or local government shall inquire into the immigration status of any person who complains of, or is a witness to, a violation of state or local law.
2. No law enforcement or other agent of state or local government shall ask a complainant or witness for their social security number or other information that might disclose an individual’s immigration status.
3. During the course of any court proceedings, the state or local government shall oppose efforts of any party to discover a complainant’s or witness’ immigration status and shall seek a protective order or other similar relief.
4. In the rare occasion that an agent of state or local government must know the complainant’s immigration status, the agent shall keep that status confidential and not disclose that information to third parties, including to other government agents, unless required by federal law.
5. Law enforcement officers may inquire into the immigration status of a person when an officer has reasonable grounds to believe that the person:
a. Has been convicted of a felony criminal law violation;
b. Was deported or left the United States after the conviction; and
c. Is again present in the United States.
6. Nothing in this section is intended to prevent government agents from knowing a person’s immigration status or viewing a document that might provide evidence of a person’s immigration status, as long as the person volunteered the information or document to the government agent.
(C) TRAINING OF LAW ENFORCEMENT AND OTHER GOVERNMENT AGENTS
1. The state and each local government shall train its law enforcement and other government agents to understand and comply with the provisions of this section.
2. The state and each local government shall work closely with organizations that serve the immigrant community in the design of this training.
3. The state and each local government shall make reasonable efforts to work with community-based organizations in order to educate the immigrant community about this policy.
(D) PREEMPTED AND SUPERCEDING LAW
1. This section shall not apply to a circumstance where an inquiry into immigration status is required by federal law.
2. This section shall supersede all conflicting state and local statutes, ordinances, rules, policies and practices.
SECTION 4. EFFECTIVE DATE
This Act shall take effect on July 1, 2007.