67-5-28 - Memorandum of Understanding regarding enforcement of federal immigration laws -- Communications regarding immigration status -- Private cause of action.
67-5-28. Memorandum of Understanding regarding enforcement of federalimmigration laws -- Communications regarding immigration status -- Private cause ofaction.
(1) The attorney general shall negotiate the terms of a Memorandum of Understandingbetween the state and the United States Department of Justice or the United States Department ofHomeland Security as provided in 8 U.S.C., Sec. 1357(g) for the enforcement of federalimmigration and customs laws within the state by state and local law enforcement personnel, toinclude investigations, apprehensions, detentions, and removals of persons who are illegallypresent in the United States.
(2) The attorney general, the governor, or an individual otherwise required by theappropriate federal agency referred to in Subsection (1) shall sign the Memorandum ofUnderstanding on behalf of the state.
(3) (a) A unit of local government, whether acting through its governing body or by aninitiative or referendum, may not enact an ordinance or policy that limits or prohibits a lawenforcement officer, local official, or local government employee from communicating orcooperating with federal officials regarding the immigration status of a person within the state.
(b) Notwithstanding any other provision of law, a government entity or official withinthe state may not prohibit or in any way restrict a government entity or official from sending to,or receiving from, the United States Department of Homeland Security information regarding thecitizenship or immigration status, lawful or unlawful, of an individual.
(c) Notwithstanding any other provision of law, a person or agency may not prohibit or inany way restrict a public employee from doing the following regarding the immigration status,lawful or unlawful, of an individual:
(i) sending information to or requesting or receiving information from the United StatesDepartment of Homeland Security;
(ii) maintaining the information referred to in Subsection (3)(c)(i); and
(iii) exchanging the information referred to in Subsection (3)(c)(i) with any other federal,state, or local government entity.
(d) This Subsection (3) allows for a private right of action by a natural or legal personlawfully domiciled in this state to file for a writ of mandamus to compel a noncompliant local orstate governmental agency to comply with the reporting laws of this Subsection (3).
Enacted by Chapter 26, 2008 General Session