Florida Senate - 2019 SB 1566 By Senator Torres 15-01772A-19 20191566__ 1 A bill to be entitled 2 An act relating to enforcement of federal laws; 3 creating ch. 908, F.S., entitled “Federal Immigration 4 Enforcement”; creating ss. 908.101-908.109, F.S.; 5 providing a short title; providing legislative intent; 6 providing definitions; prohibiting state and local law 7 enforcement agencies, school law enforcement officers, 8 and security agencies from certain actions for 9 purposes of immigration enforcement; providing 10 exceptions; requiring state and local law enforcement 11 agencies to review confidentiality policies and, if 12 necessary, revise such policies; prohibiting state and 13 local law enforcement agencies and health care 14 providers from making an inquiry or recording 15 information concerning the immigration status of 16 certain persons; authorizing a limited inquiry and 17 recording of information under certain circumstances; 18 providing that certain persons who are unable to 19 afford legal counsel are entitled to representation; 20 requiring the Attorney General, K-12 public schools 21 and public postsecondary educational institutions, 22 hospitals, and courthouses to develop and publicize 23 certain policies; requiring the Attorney General to 24 prescribe a format for submittal of complaints; 25 authorizing the Attorney General and state attorneys 26 to institute injunctive proceedings; providing 27 severability; providing an effective date. 28 29 WHEREAS, the Legislature finds that one in five residents 30 of this state is foreign born and one in three children in this 31 state has at least one immigrant parent, and 32 WHEREAS, immigrants are valuable and essential members of 33 our community and a relationship of trust between immigrants and 34 state and local law enforcement agencies is central to public 35 safety, and 36 WHEREAS, the Legislature concurs in the finding and 37 recommendation of former President Barack Obama’s Task Force on 38 21st Century Policing that, whenever possible, state and local 39 law enforcement agencies should not be involved in federal 40 immigration enforcement, and 41 WHEREAS, state and local law enforcement agencies operate 42 with limited resources and personnel, and involvement in federal 43 immigration enforcement diverts these already limited resources 44 and personnel away from state and local matters, and 45 WHEREAS, state and local law enforcement agencies are not 46 reimbursed by the Federal Government for the full cost of 47 responding to immigration holds, immigration detainers, hold 48 requests, notification requests, and transfer requests, which 49 can lead to the expenditure of resources to pay for detention 50 time and the administrative costs of tracking and responding to 51 requests from the Federal Government, and 52 WHEREAS, unlike criminal detainers, which are supported by 53 a judicial determination of probable cause, United States 54 Immigration and Customs Enforcement (ICE) detainers are issued 55 by immigration authorities without any authorization or 56 oversight by a judge or other neutral decisionmaker and without 57 an established standard of proof, such as reasonable suspicion 58 or probable cause, which has led to the erroneous placement of 59 immigration detainers on lawful citizens, and 60 WHEREAS, according to ICE’s records, between fiscal year 61 2008 and fiscal year 2012, more than 800 detainers were issued 62 for lawful citizens and nondeportable immigrants, and 63 WHEREAS, the federal 287(g) program can result in a person 64 being held and transferred for detention without regard to the 65 circumstances of the arrest, including whether the arrest was 66 made mistakenly or as part of an investigation without pressing 67 charges, and 68 WHEREAS, detention denies lawful status to victims or 69 witnesses to crimes who may otherwise be eligible for lawful 70 status through U visas or T visas, and 71 WHEREAS, state law does not authorize local law enforcement 72 agencies to arrest or detain individuals for federal immigration 73 purposes, and 74 WHEREAS, state and local law enforcement involvement in 75 federal immigration enforcement raises constitutional concerns 76 regarding the Equal Protection Clause and the Fourth Amendment, 77 and 78 WHEREAS, federal courts have repeatedly held that detention 79 by a local law enforcement agency at the request of ICE of an 80 individual suspected of immigration violations violates the 81 Fourth Amendment to the United States Constitution and governing 82 federal law, and 83 WHEREAS, it is the intent of the Legislature that this act 84 not be construed as providing, expanding, or ratifying the legal 85 authority for any state or local law enforcement agency to 86 arrest or detain an individual for immigration purposes, NOW, 87 THEREFORE, 88 89 Be It Enacted by the Legislature of the State of Florida: 90 91 Section 1. Chapter 908, Florida Statutes, consisting of 92 sections 908.101 through 908.109, Florida Statutes, is created 93 and entitled “Federal Immigration Enforcement,” to read: 94 CHAPTER 908 95 FEDERAL IMMIGRATION ENFORCEMENT 96 908.101 Short title.—This chapter may be cited as the 97 “Florida Trust Act.” 98 908.102 Legislative intent.—It is the intent of the 99 Legislature to protect the safety and constitutional rights of 100 residents of this state and to direct the state’s limited 101 resources to matters of greatest concern to state and local 102 governments. 103 908.103 Definitions.—As used in this chapter, the term: 104 (1) “Civil immigration warrant” means a warrant for a 105 violation of federal immigration law and includes a warrant 106 entered in the Immigration Violator File of the National Crime 107 Information Center database. 108 (2) “Immigration authority” means an officer, employee, or 109 person employed by or acting as an agent of the United States 110 Immigration and Customs Enforcement, or a division thereof, or 111 an officer, employee, or person employed by or acting as an 112 agent of the United States Department of Homeland Security who 113 is charged with immigration enforcement under 8 U.S.C. s. 1357 114 of the Immigration and Nationality Act. 115 (3) “Immigration enforcement” means an investigation or 116 enforcement, or assistance in the investigation or enforcement, 117 of any federal immigration law, including such laws that 118 penalize a person’s presence in, entry or reentry to, or 119 employment in the United States, including, but not limited to, 120 a violation of 8 U.S.C. s. 1253, s. 1324(c), s. 1325, or s. 121 1326. 122 (4) “Immigration hold,” “hold request,” “notification 123 request,” or “transfer request” means an immigration detainer 124 request issued by an immigration authority, pursuant to 8 C.F.R. 125 s. 287.7, to a local or state law enforcement agency to 126 facilitate the arrest or transfer of an individual to federal 127 immigration custody; maintain custody of an individual for a 128 period not to exceed 48 hours, excluding Saturdays, Sundays, and 129 holidays; and advise the immigration authority before the 130 release of such individual. 131 (5) “Immigration status” or “immigration status 132 information” means the lawful or unlawful status of an 133 individual under federal laws and regulations. 134 (6) “Judicial warrant” means a warrant based on probable 135 cause which authorizes an immigration authority to take into 136 custody the person who is the subject of such warrant. Such 137 warrant must be issued by a judge appointed pursuant to Article 138 III of the United States Constitution or a federal magistrate 139 judge appointed pursuant to 28 U.S.C. s. 631. 140 (7) “Law enforcement officer” means a person who is 141 elected, appointed, or employed full time by a municipality, the 142 state, or a political subdivision thereof who is authorized to 143 make arrests and whose primary responsibility is the prevention 144 and detection of crime or the enforcement of state penal, 145 criminal, traffic, or highway laws. The term includes all 146 certified supervisory and command personnel whose duties 147 include, in whole or in part, the supervision, training, 148 guidance, and management responsibilities of a full-time law 149 enforcement officer, part-time law enforcement officer, 150 auxiliary law enforcement officer, or support personnel employed 151 by an employing agency. 152 (8) “School law enforcement officer” means a person who is 153 a law enforcement officer under chapter 943 and is employed by a 154 law enforcement agency or district school board. If the officer 155 is employed by a district school board, the district school 156 board is the employing agency for purposes of chapter 943 and 157 must comply with the provisions of that chapter. 158 908.104 State and local law enforcement agencies, school 159 law enforcement officers, and security agencies.— 160 (1) A state or local law enforcement agency, school law 161 enforcement officer, or security agency may not use agency 162 resources or personnel to investigate, arrest, or detain a 163 person for purposes of immigration enforcement. Such resources 164 include, but are not limited to, labor and resources expended 165 in: 166 (a) Responding to a hold request, notification request, or 167 transfer request from an immigration authority. 168 (b) Responding to a request from an immigration authority 169 for information not publicly available regarding a person’s 170 release date, home address, or work address for purposes of 171 immigration enforcement. 172 (c) Making an arrest based on a civil immigration warrant. 173 (d) Performing functions of an immigration officer pursuant 174 to 8 U.S.C. s. 1357(g) or any other law, regulation, or policy, 175 whether formal or informal. 176 (2) A state or local law enforcement agency, school law 177 enforcement officer, security agency, or other state agency may 178 not make an agency database available for purposes of 179 immigration enforcement or for purposes of an investigation or 180 enforcement related to a federal program requiring registration 181 of an individual on the basis of race, gender, disability, 182 sexual orientation, gender identity, religion, immigration 183 status, or national or ethnic origin. Any agreement to make 184 available a database in conflict with this subsection which is 185 in existence on July 1, 2019, is invalid. 186 (3) This section does not prevent a state or local law 187 enforcement agency from responding to a court order issued by an 188 immigration authority for information about a person’s previous 189 criminal arrests or convictions. 190 (4) This section may not be construed to confer any 191 authority beyond that which existed before the enactment of this 192 section on a state or local law enforcement agency, school law 193 enforcement officer, or security agency to detain a person based 194 on a civil immigration warrant. 195 (5) This section supersedes any conflicting policy, rule, 196 procedure, or practice within this state. This section may not 197 be construed to prohibit a state or local law enforcement 198 agency, school law enforcement officer, or security agency from 199 cooperating with an immigration authority to the extent required 200 by federal law. This section may not be interpreted or applied 201 so as to create any power, duty, or obligation in conflict with 202 any federal law. 203 908.105 Confidentiality policies.—A state or local law 204 enforcement agency shall review its confidentiality policies and 205 make any necessary revisions to ensure that information 206 collected by such agency from an individual is limited in nature 207 and may not be used or disclosed beyond the specifically 208 authorized purpose for which it is collected. 209 908.106 Access to immigration status information.— 210 (1) A state or local law enforcement agency, or agent 211 thereof, or a health care provider may not make any inquiry or 212 record information concerning the immigration status of a person 213 who: 214 (a) Is seeking assistance, services, or benefits for 215 himself or herself, a family or household member, or any other 216 potential beneficiary of such assistance, services, or benefits. 217 (b) Contacts, approaches, or requests, or is in need of, 218 assistance from a law enforcement agency. 219 (2) A limited inquiry and recording of information 220 concerning the relevant person may be made when, as documented 221 with specificity in such agency’s, employee’s, agent’s, or 222 health care provider’s case record of the matter, such person’s 223 immigration status is: 224 (a) Directly relevant as a lawful criterion for such 225 person’s eligibility for the specific method of assistance, 226 services, or benefits sought by the person; 227 (b) Directly relevant to the subject matter of a specific, 228 ongoing state or local law enforcement investigation; 229 (c) Specifically required by such agency, or agent thereof, 230 or health care provider by state or federal law; 231 (d) Requested by a health care provider for the person’s 232 benefit, including, but not limited to, the referral of such 233 person to benefits and services he or she may be eligible for, 234 except that the immigration status of such person may not be 235 documented in any medical record and may not be disclosed for 236 any purpose; or 237 (e) Requested for the person’s benefit by a specific agency 238 that is tasked with assisting such person in matters related to 239 such person’s immigration status, except that the status of such 240 person may not be disclosed for any purpose. 241 908.107 Entitlement to representation for removal 242 proceedings.—A person against whom there is probable cause to 243 commence a removal proceeding or against whom such a proceeding 244 has been commenced and who is unable to afford legal counsel is 245 entitled to representation and related assistance by assigned 246 counsel, if the person resided in or was detained in this state 247 and was present in this state when questioned, taken into 248 custody, charged, summoned, or presented with allegations of the 249 removal proceedings. 250 908.108 Accessibility of public schools, hospitals, and 251 courthouses.— 252 (1) The Attorney General shall develop and provide, through 253 the Department of Legal Affairs’ website, model policies for K 254 12 public schools and public postsecondary educational 255 institutions, hospitals, and courthouses to ensure safety and 256 accessibility in these locations to all residents of this state, 257 regardless of immigration status. 258 (2) K-12 public schools and public postsecondary 259 educational institutions, hospitals, and courthouses shall 260 develop and make public policies that limit assistance with 261 immigration enforcement on their premises to the fullest extent 262 possible consistent with federal and state law. 263 908.109 Violations.— 264 (1) The Attorney General shall prescribe and provide 265 through the Department of Legal Affairs’ website the format for 266 a person to submit a complaint alleging a violation of this 267 chapter. This section does not prohibit filing an anonymous 268 complaint or submitting a complaint in another format. 269 (2) The Attorney General or a state attorney may institute 270 proceedings in circuit court to enjoin a state entity, state 271 official, law enforcement agency, local governmental entity, 272 local governmental official, school law enforcement officer, or 273 security agency found to be in violation of this chapter. 274 Section 2. The provisions of this act are severable. If any 275 provision of this act or its application is held invalid, that 276 invalidity shall not affect other provisions or applications 277 that can be given effect without the invalid provision or 278 application. 279 Section 3. This act shall take effect July 1, 2019.