No Involvement in Immigration Detentions Act

Summary: The No Involvement in Immigration Detentions Act prohibits state and local government agencies from participating in immigration detentions for the federal government.

Based on Colorado HB 1100 (2023)

SECTION 1. SHORT TITLE

This Act shall be called the “No Involvement in Immigration Detentions Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The legislature finds that:

1) The management and operation of detention facilities for immigrants involves functions that require unique training due to its civil nature, the diverse languages and backgrounds of the population, and the significant vulnerabilities of asylum seekers and others fleeing persecution. Local jails and other such facilities are simply not set up to do the job right.

2) Private detention facilities are inevitably inhumane and essentially unaccountable. The ownership, operation and management of detention facilities by private contractors within the state should be prohibited.

3) State and local involvement in civil immigration detention should be phased out to the fullest extent possible while remaining in compliance with federal law.

(B) PURPOSE—This law is enacted to protect the integrity of state and local criminal justice systems.

SECTION 3. IMMIGRATION DETENTION

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this Section:

1) “Governmental entity” means the state, any unit of local government, a county sheriff, or any agency, officer, employee, or agent thereof.

2) “Immigration detention agreement” means any contract, including but not limited to an intergovernmental service agreement, or portion thereof, for payment to a governmental entity to detain individuals for federal civil immigration purposes. For a contract or intergovernmental service agreement that is only in part for the detention of individuals for federal immigration officials, this term only applies to the civil immigration detention portion of the contract.

3) “Immigration detention facility” means any building, facility, or structure used, in whole or in part, to house or detain individuals for federal immigration officials.

(B) NO AGREEMENTS WITH PRIVATE IMMIGRATION DETENTION FACILITIES

1) A governmental entity shall not:

a) Enter into an agreement of any kind for the detention of individuals in an immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity;

b) Sell any public or government-owned property or building for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;

c) Pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;

d) Receive per diem, per detainee, or any other payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity; or

e) Otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private

2) Nothing in this section shall be construed to prohibit a governmental entity from providing health and safety resources to individuals who are being detained for immigration purposes.

3) Nothing in this section shall be construed to prohibit any unit of local government from contracting for health, utility, and sanitation services to immigration detention facilities.

(C) NO STATE OR LOCAL GOVERNMENT INVOLVEMENT WITH IMMIGRATION DETENTION.

1) A governmental entity shall not enter into or renew an immigration detention agreement.

2) A governmental entity with an existing immigration detention agreement on the date of this enactment shall exercise any termination provision contained in the agreement no later than [DATE]. If an existing immigration detention agreement does not contain a termination provision that the governmental entity can exercise by [DATE], then the governmental entity shall exercise the termination provision as soon as possible within the terms of the immigration detention agreement.

SECTION 4. EFFECTIVE DATE

This law shall become effective on XXXX 1, 202X.

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