Federal Immigration Enforcement/Sanctuary Policies (Watch) 

Federal Immigration Enforcement/Sanctuary Policies (Watch) 

HB 9 (Metz) and SB 308 (Bean) relate to state and local government enforcement of federal immigration laws. The bills provide several definitions, including “sanctuary policy,” which means a law, policy, practice, procedure or custom adopted or permitted by a state entity, law enforcement agency or local governmental entity that contravenes the federal immigration laws, or that knowingly prohibits or impedes a law enforcement agency from communicating or cooperating with a federal immigration agency with respect to federal immigration enforcement. The bills also define “sanctuary policymaker” to mean a state or local elected official, or an appointed official of a local governmental entity governing body, who has voted for, allowed to be implemented or voted against, the repeal or prohibition of a sanctuary policy. The bills prohibit the adoption or effectiveness of a sanctuary policy, and require cooperation with federal immigration authorities. The bills require a state or local government official to promptly report a known or probable violation of this law to the attorney general or the state attorney having jurisdiction over the local governmental entity. Failure to properly report may lead to an individual being suspended or removed from office. The attorney general or a state attorney may initiate proceedings in court to enjoin a state entity, law enforcement agency or local governmental entity from violating the law. A court shall enjoin any unlawful policy and order an entity to pay a civil penalty of at least $1,000, but not more than $5,000 for each day that the policy was found to be in effect before the injunction was granted. A sanctuary policymaker may be suspended or removed from office. The bills provide for a civil cause of action against any state or local governmental entity or law enforcement agency determined to have a sanctuary policy under specified circumstances for personal injury or wrongful death by persons injured by an illegal alien. The bills also restrict state grant funding for five years for any governmental entity that has violated the law. (Cruz)