Bill Text: MI HB4726 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Law enforcement; investigations; detaining individual on basis of immigration hold; prohibit. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-18 - Bill Electronically Reproduced 06/13/2019 [HB4726 Detail]

Download: Michigan-2019-HB4726-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4726

 

 

June 13, 2019, Introduced by Reps. LaGrand, Hammoud, Guerra, Rabhi, Bolden, Sowerby, Manoogian, Pagan, Elder, Gay-Dagnogo, Anthony, Peterson, Sabo and Robinson and referred to the Committee on Military, Veterans and Homeland Security.

 

     A bill to create the standards for responding to federal

 

immigration holds act; and to provide for the powers and duties of

 

certain state and local governmental officers and entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"standards for responding to federal immigration holds act".

 

     Sec. 2. As used in this act:

 

     (a) "Eligible for release from custody" means that the

 

individual may be released from custody because 1 of the following

 

events has occurred:

 

     (i) All criminal charges against the individual have been

 

dropped or dismissed.

 

     (ii) The individual has been acquitted of all criminal charges

 

filed against him or her.

 


     (iii) The individual has served all the time required for his

 

or her sentence.

 

     (iv) The individual has posted a bond.

 

     (v) The individual is otherwise eligible for release under

 

state or local law or local policy.

 

     (b) "Immigration hold" means an immigration detainer issued by

 

an authorized immigration officer, under 8 CFR 287.7, that requests

 

that the law enforcement official maintain custody of the

 

individual for a period not to exceed 48 hours, excluding

 

Saturdays, Sundays, and holidays, and to advise the authorized

 

immigration officer prior to the release of that individual.

 

     (c) "Law enforcement official" means a state or local law

 

enforcement agency or officer authorized to enforce criminal

 

statutes, regulations, or local ordinances or to operate a jail or

 

to maintain custody of individuals in a jail, and any person or

 

local agency authorized to operate a juvenile detention facility or

 

to maintain custody of individuals in a juvenile detention

 

facility.

 

     Sec. 3. A law enforcement official shall not continue to

 

detain an individual after that individual becomes eligible for

 

release from custody on the basis of the immigration hold without a

 

judicial determination that probable cause exists to believe that

 

the individual committed a crime in this state made within 48 hours

 

of the initial detainment.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

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