SB1164 Summary

• State and local law enforcement agencies may enter into agreements with federal immigration authorities to enforce federal immigration laws, including under 8 U.S.C. § 1357(g) programs.

• Law enforcement agencies with custody of persons subject to immigration detainers issued by ICE must notify judges, record the detainer in case files, comply with valid detainer requests, and inform the person of the detainer.

• Immigration detainers are deemed facially sufficient if the ICE form shows probable cause for deportability or if supported by an affidavit, warrant form I-200, form I-205, or successor federal warrant.

• State Department of Corrections and county sheriff offices must enter into agreements with ICE for temporary housing of persons subject to immigration detainers and payment of associated costs.

• The Attorney General may enforce these provisions through injunctive relief; taxpayers may request enforcement and sue directly if the Attorney General fails to act within 60 days, with costs and attorney fees available to prevailing parties.