2024 -- S 2769

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LC004914

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DETENTION FOR FEDERAL

CIVIL IMMIGRATION VIOLATIONS

     Introduced By: Senators Acosta, Mack, Euer, Kallman, Quezada, and Ujifusa

     Date Introduced: March 08, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 166

DETENTION FOR FEDERAL CIVIL IMMIGRATION VIOLATIONS

     42-166-1. Short title.

     This chapter shall be known and may be cited as the "Detention for Federal Civil

Immigration Violations".

     42-166-2. Prohibition on agreements to detain individuals for federal civil

immigration violations.

     (a) No state or municipal governmental official or body, or instrumentality or agency

thereof, may enter into or renew any contract, intergovernmental service agreement, memorandum

of understanding or any other agreement to detain individuals for federal civil immigration

violations.

     (b) A state official or body, or instrumentality or agency thereof, with an existing contract,

intergovernmental service agreement, memorandum of understanding or other agreement that is

used, whether in whole or part, to detain individuals for federal civil immigration violations, shall

exercise the termination provision in the contract, intergovernmental service agreement,

memorandum of understanding or other agreement as applied to detaining individuals for federal

civil immigration violations no later than July 1, 2025.

     42-166-3. Prohibition from using public resources to facilitate detaining individuals

for federal civil immigration violations.

     No state or municipal governmental official or body, or instrumentality or agency thereof,

shall:

     (1) Sell, trade, lease or otherwise dispose of any real or personal property belonging to the

state or municipal governmental body or entity for the purpose of facilitating the establishment or

operation of a facility that detains or will detain individuals for federal civil immigration violations;

     (2) Use state or municipal governmental funds or assets to pay, reimburse, subsidize or

defray in anyway any cost related to the sale, purchase, construction, development, ownership,

management or operation of a facility that detains or will detain individuals for federal civil

immigration violations;

     (3) Receive per diem per detainee payments or any other payments related to a facility that

detains or will detain individuals for federal civil immigration violations;

     (4) Otherwise give any financial incentive or benefit in connection with the sale, purchase,

construction, development, ownership, management or operation of a facility that detains or will

detain individuals for federal civil immigration violations; or

     (5) Impose or continue in effect any law, ordinance, policy or regulation that violates or

conflicts with the provisions of this chapter.

     42-166-4. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any

court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not

affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to

the clause, sentence, paragraph, section, or part directly involved in the controversy in which that

judgment shall have been rendered.

     SECTION 2. 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 -- DETENTION FOR FEDERAL

CIVIL IMMIGRATION VIOLATIONS

***

     This act would prohibit any state or municipal government official or agency from

entering into any contract to detain individuals for civil immigration violations, and if any such

contract is in existence, the contract must be terminated by July 1, 2025. It would further prohibit

the use of any public resources to detain individuals for federal civil immigration violations.

     This act would take effect upon passage.

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