Immigration (Sanctuary Policies)

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill incorporates HB 1438 and is identical to SB 783.

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill is identical to HB 1441.

Public elementary and secondary schools and public institutions of higher education; certain federal immigration investigation and enforcement activities; certain notifications and prohibitions. Requires, no later than July 1, 2027, and subject to certain enumerated conditions and requirements, (i) the written school crisis, emergency management, and medical emergency response plan for each public elementary or secondary school to include (a) a requirement that whenever the division superintendent confirms that an individual is present on the property of a public elementary or secondary school in the school division to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States, each school board employee at such school and the parents of each student enrolled in such school shall be notified of such presence and (b) a prohibition against any individual present on the property of a public elementary or secondary school in the school division to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States from accessing any nonpublic area of such school property without a warrant signed by a judge or magistrate and (ii) each public institution of higher education to (a) notify all students, faculty, and staff whenever the institution confirms that an individual is present on campus to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States and (b) prohibit any individual present on campus to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States from accessing any nonpublic area of campus without a warrant signed by a judge or magistrate.

Elections; polling places; prohibited activities; acts in furtherance of federal immigration laws. Prohibits any person from performing any act for the purpose or in furtherance of enforcement of federal immigration laws within 40 feet of any building, or part thereof, used as (i) a polling place, (ii) a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election, or (iii) the place for a recount.

Agencies of the Commonwealth; law-enforcement agencies; employees and officers; agreements with federal authority for immigration enforcement; prohibitions and limitations. Prohibits a state agency or a law-enforcement agency, defined in the bill, from entering into a written agreement authorizing any employee or law-enforcement officer to perform a function of a federal immigration officer. The bill provides that federal immigration laws shall be enforced by a state or local law-enforcement agency of the Commonwealth pursuant to a valid judicial warrant, federal or statutory regulations, or as otherwise required by state law. The bill also prohibits an employee of a state agency or a law-enforcement officer, defined in the bill, from conducting certain actions or inquiries regarding a person's citizenship or immigration status while engaged in the performance of his duties and creates a cause of action for appropriate equitable, injunctive, or declaratory relief against such employee or law-enforcement officer who willfully conducts such actions or inquiries in violation of the provisions of the bill. Finally, the bill requires any state agency or law-enforcement agency that has an existing written agreement with a federal authority to perform federal immigration functions to terminate such written agreement by September 1, 2026.

Protected areas; certain federal immigration enforcement prohibited; penalty. Prohibits any employee or agent acting on behalf of a protected area from knowingly permitting any person to enter a nonpublic area of such protected area for the purpose of federal immigration enforcement. The bill defines protected area as any place or facility that is owned or operated by the Commonwealth or any political subdivision thereof and is (i) a hospital or other facility providing health care services; (ii) a school, including a preschool, primary school, or secondary school, vocational or trade school, or public institution of higher education; (iii) an office of an attorney for the Commonwealth; or (iv) any other place or facility designated by the Attorney General. The bill creates a Class 1 misdemeanor for any violation of such provision, subject to certain exceptions. The bill also makes the performance of certain acts for the purpose of identifying, arresting, or otherwise imposing a penalty upon a person for federal immigration enforcement punishable by a Class 1 misdemeanor.