2021 -- S 0253

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LC001540

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND SANCTUARY

STATE ACT

     

     Introduced By: Senators Bell, Mack, Quezada, Cano, Mendes, and Acosta

     Date Introduced: February 10, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. The general assembly makes the following findings and declarations:

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     (1) The state of Rhode Island declares itself a sanctuary state that welcomes and values

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undocumented Rhode Islanders as part of our community.

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     (2) Immigrants are valuable and essential members of the Rhode Island community.

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     (3) A relationship of trust between Rhode Island's immigrant community and state and

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local agencies is central to the public safety of the people of Rhode Island.

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     (4) This trust is threatened when state and local agencies are entangled with federal

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immigration enforcement, with the result that immigrant community members fear approaching

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police when they are victims of, or witnesses to, crimes, seeking basic health services, or attending

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school, all to the detriment of public safety and well-being of all Rhode Islanders.

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     (5) State and local participation in federal immigration enforcement programs raises

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constitutional concerns, including the prospect that Rhode Island residents could be detained in

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violation of the Fourth Amendment of the United States Constitution, targeted on the basis of race

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or ethnicity in violation of the Equal Protection Clause, or denied access to education based on

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immigration status.

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     (6) Entangling state and local agencies with federal enforcement programs diverts already

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limited resources and blurs the lines of accountability and roles of local, state and federal

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governments.

 

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     (7) This act seeks to protect the safety, well-being and constitutional rights of the people

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of Rhode Island and to direct the state's limited resources to matters of general concern to state and

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local governments.

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     SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 160

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RHODE ISLAND SANCTUARY STATE ACT

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     42-160-1. Definitions.

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     The following terms have the following meanings:

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     (1) "Civil immigration warrant" means any warrant for a violation of federal civil

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immigration law, and includes civil immigration warrants entered in the National Crime

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Information Database.

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     (2) "Courts" mean any state or local court.

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     (3) "Federal immigration authority" means any officer, employee, or person otherwise paid

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by or acting as an agent of United States Immigration and Customs Enforcement or United States

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Custom and Border Protection or any division or designee thereof, or any other officer, employee,

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or person otherwise paid by or acting as an agent of the United States Department of Homeland

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Security or United States Department of State who is charged with immigration enforcement.

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     (4) "Health facilities" means any medical treatment facility, including hospitals, health care

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clinics, or urgent care facilities, doctors' offices, substance abuse treatment facilities or any facility

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that provides medical or mental health care.

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     (5) "Immigration enforcement" means and includes any and all efforts to investigate,

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enforce, or assist in the investigation or enforcement of any federal civil immigration law and any

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federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or

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employment in, the United States including, but not limited to, violations of Sections 1259, 1324c,

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1325, or 1326 of Title 8 of the United States Code (8 U.S.C. §§ 1259, 1324, 1325 and 1326).

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     (6) "Judicial warrant" means a warrant based on probable cause and issued by a federal

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judge or a federal magistrate judge that authorizes federal immigration authorities to take into

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custody the person who is the subject of the warrant.

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     (7) "Places of worship" means any facility rented, owned or leased where religious services

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or ceremonies take place. This would include, but not be limited to, such events as worship services,

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marriages, funerals, and baptisms.

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     (8) "Schools" means any public, private or charter school, including independent, district

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charter schools and mayoral academies, pre-schools and other early learning programs, known and

 

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licensed daycares, primary or secondary schools and institutions of higher education, as well as

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scholastic or education-related activities or events.

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     42-160-2. Sensitive locations – Prohibition on enforcing immigration laws.

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     (a) Rhode Island schools, places of worship, health facilities and courts shall not grant

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access to their premises, for any federal immigration authority to investigate, detain, apprehend, or

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arrest any individuals for potential violations of federal immigration laws, unless such federal

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immigration authority presents a judicial warrant that clearly identifies the individual whom the

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federal authority seeks to locate, serve, or apprehend.

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     (b) It shall be unlawful for any state or municipal law enforcement agency, any agency

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acting in concert with any state or municipal law enforcement agency, or any agency of the state

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or any municipality to:

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     (1) Utilize public funds or public resources to enforce federal immigration laws; or

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     (2) Allocate any office space, funds, or other public resources to be used by federal

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immigration authorities.

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     (c) It shall be unlawful for any state or municipal law enforcement agency, any agency

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acting in concert with any state or municipal law enforcement agency, any agency of the state or

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any municipality, any courthouse, jail, prison, school or their employees, agents, contractors or any

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other person acting under color of authority for any such agency to engage in joint operations with

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federal immigration authorities, including, but not limited to, the provision of enforcement

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assistance.

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     (d) It shall be unlawful, pursuant to subsections (a), (b) and (c) of this section, for any state

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or municipal law enforcement agency, any agency acting in concert with any state or municipal

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law enforcement agency, any agency of the state or municipality, any courthouse, jail, prison,

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school or their employees, agents, contractors or any other person acting under color of authority

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for any such agency to:

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     (1) Detain any individual for deportation;

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     (2) Contact federal immigration authorities, for purposes of immigration enforcement;

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     (3) Ask detainees or arrestees their place of birth, proof of citizenship, or immigration

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status;

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     (4) Provide federal immigration authorities with a list of arrestees or inmates, information

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regarding the time of their release, or any other information about the arrests not otherwise made

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public;

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     (5) Allow federal immigration authorities access to their premises unless presented with an

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arrest warrant, issued upon probable cause, naming a specific individual;

 

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     (6) Share any personal data, bulk or individual, including state-issued IDs, licenses, names,

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addresses, dates of birth, fingerprints or biometric information with federal immigration authorities;

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or

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     (7) Grant federal immigration authorities access to any facial recognition technology used,

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utilized or managed by law enforcement;

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     (e) Any state or municipal law enforcement agency, any agency acting in concert with any

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state or municipal law enforcement agency, any agency of the state or municipality, any courthouse,

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jail, prison, school or their employees, agents, contractors or any other person acting under color

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of authority for any such agency that shares any information specific to any particular individual

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with federal immigration authorities shall be required to, within twenty-four (24) hours, inform the

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individual(s) whose information was shared that it was shared and for what purpose.

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     (f) Every state or municipal law enforcement agency, courthouse, jail, prison and school

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shall designate or authorize personnel that shall review the presented judicial warrant and consent

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to the federal immigration authority's access to the premises.

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     (g) It shall be unlawful for any state or municipal law enforcement agency, any agency

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acting in concert with any state or municipal law enforcement agency, any agency of the state or

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any municipality, any courthouse, jail, prison, school or their employees, agents, contractors or any

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other person acting under color of authority for any such agency to place peace officers under the

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supervision of federal agencies or employ peace officers deputized as special federal officers or

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special federal deputies for purposes of immigration enforcement. All peace officers remain subject

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to Rhode Island law governing conduct of peace officers and the policies of the employing agency.

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     (h) The department of corrections shall not:

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     (1) Restrict access to any in-prison educational or rehabilitative programming, or credit-

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earning opportunity on the sole basis of citizenship or immigration status, including, but not limited

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to, whether the person is in removal proceedings, or immigration authorities have issued a hold

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request, transfer request, notification request, or civil immigration warrant against the individual.

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     (2) Consider citizenship and immigration status as a factor in determining a person’s

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custodial classification level, including, but not limited to, whether the person is in removal

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proceedings, or whether immigration authorities have issued a hold request, transfer request,

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notification request, or civil immigration warrant against the individual.

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     (i) Any person within the state of Rhode Island shall have a right to counsel in matters of

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federal immigration defense, regardless of immigration status, to be fulfilled by the office of the

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public defender in the event that a federal immigration defendant in Rhode Island has not otherwise

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secured the services of an attorney. Fifteen (15) full-time equivalent positions within the

 

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department of public safety shall be reallocated to the office of the public defender for the purpose

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of hiring immigration attorneys to fulfil the purposes of this subsection. The office of the public

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defender shall be authorized to reallocate sufficient funds to fill these positions and administer this

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program from within the state police budget.

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     42-160-3. Limited exception.

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     (a) The prohibited right to access sensitive locations established by this chapter shall not

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apply when the federal immigration authority is acting in response to a specific act of terrorism,

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national security threat or when there is the threat of imminent danger of violence to the United

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States.

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     (b) Any exception under subsection (a) of this section shall require federal immigration

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authorities to provide advance notice of anticipated action to the Rhode Island attorney general, as

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the chief law enforcement officer for the state.

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     (c) Nothing in this chapter shall prohibit a Rhode Island law enforcement agency from

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asserting its own jurisdiction over criminal law enforcement matters.

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     42-160-4. Severability.

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     The provisions of this chapter are severable. If any provision of this chapter or its

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application is held invalid, that invalidity shall not affect other provisions or applications that can

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be given effect without the invalid provision or application.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND SANCTUARY

STATE ACT

***

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     This act would designate schools, places of worship and courts as sensitive locations and

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would require that a judicial warrant be obtained before federal immigration authorities could be

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granted access to those premises to enforce immigration laws. It would also prohibit state and local

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law enforcement agencies from cooperating with federal immigration authorities in enforcing

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federal immigration laws, would prohibit agencies of the state from providing personal identifying

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information, lists of arrestees, or from contacting federal immigration authorities about

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undocumented individuals. It would provide an exemption in response to a specific act of terrorism,

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national security threat or when there is the threat of imminent danger of violence to the United

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States.

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     This act would take effect upon passage.

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