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




















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.




     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




     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.