Police could hold some people briefly for federal immigration transfer

Local officers must keep a covered person in custody for a secure federal transfer. This applies to a person arrested for an offense and booked at a police station or county jail who is subject to an immigration detainer issued by U.S. Immigration and Customs Enforcement. The continued detention is solely to transfer custody securely to federal authorities. The hold starts at the time of arrest and may last no more than 48 hours, excluding Saturdays, Sundays, and holidays.

A court order granting bail or release before trial would be delayed to allow a federal transfer. This applies in a criminal case when ICE issued an immigration detainer before the defendant's first court appearance or bail hearing. The delay lasts only as long as needed for a secure transfer. The person remains under the issuing court's authority and may post bail during the delay or while in federal custody. The delay begins when the court grants bail or release and lasts only as long as needed for transfer, up to 48 hours excluding Saturdays, Sundays, and holidays.

The bill text excludes some people from these rules and requires release if federal agents do not take custody in time. The exclusion covers U.S. citizens and people with lawful immigration status. A person may show citizenship or lawful immigration status with evidence such as a birth certificate, passport, visa, or other similar government-issued identification. Release is required only if all other bail conditions are satisfied. If federal agents have not taken physical custody by the end of the allowed hold or delayed-release period, the release order becomes effective immediately.

The bill text authorizes officers to follow detainer requests, give notice, and transfer custody, and protects good-faith actions from liability. This covers law enforcement agencies holding a person subject to an ICE immigration detainer, and counties and their officials, agents, peace officers, and employees. The authority to honor a detainer request is limited to the time allowed by this section. The liability protection applies to good-faith detention and good-faith decisions about lawful status or release. Officers may share the release date and time with ICE as soon as practicable and must transfer custody within the time allowed by the detainer.