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.