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.