SB 401

This bill limits the extent to which the Department of Justice and local law

enforcement officers may cooperate with federal immigration enforcement activities.

Under the bill, DOJ may not authorize a state or local law enforcement officer

to assist a federal immigration officer in immigration enforcement activities, and the

department must publish a model policy for local governments to adopt on limiting

assistance with such activities. The bill defines “immigration enforcement” as any

action taken by federal or state or local law enforcement officers related to the

investigation or enforcement of any federal civil immigration law or any federal

criminal immigration law that penalizes an individual's presence in, entry or reentry

to, or employment in the United States.

Also under the bill, no city, village, town, or county (political subdivision) may

authorize or permit its law enforcement officers to assist a federal immigration

officer in immigration enforcement activities, nor may a sheriff or deputy provide

such assistance. In addition, neither a sheriff, a deputy, nor a state or local law

enforcement officer may engage in activities related to the investigation,

interrogation, detention, or arrest of an individual for any purpose related to

immigration enforcement, including actions related to determining whether an

individual has satisfactory immigration status and detaining an individual on an

Immigration and Customs Enforcement hold request. Under the bill, satisfactory

immigration status means determining whether a non-U.S. citizen is lawfully

present in the United States.

Finally, the bill requires a political subdivision to adopt and implement the

DOJ's model policy related to limiting assistance with immigration enforcement

activities.