County sheriffs could hold people under certain ICE requests

Sheriffs could hold people under certain ICE requests or warrants, even without criminal charges, to transfer them to federal custody. This applies to sheriffs operating county jails under Kansas law. The request must identify the person, be signed by an ICE official, and include a probable-cause or transfer-of-custody statement, or be supported by specified records stating probable cause. Sheriffs must notify the person, provide a copy of the request, and notify ICE; they must release the person if the request is canceled or deficient, or citizenship or lawful presence is established.

Municipal insurance pools must continue liability coverage and cover law enforcement operations enforcing federal law with federal agencies. This applies to municipal insurance pools that provide law enforcement liability coverage. Coverage must match coverage for state and local law enforcement, whether or not there is a written agreement or federal deputization. If federal or state officials do not provide legal representation in a case against the agency, the pool must provide it.

The state must pay certain federal court judgments, and officers and agencies acting in good faith would receive civil immunity in state cases. These rules cover law enforcement agencies and officers involved in federal 287(g) programs or ICE detainers. State payment applies to a federal civil case involving a 287(g) agreement, only when the agency or officer acted in good faith, and only for judgment costs the federal government did not cover. State-case immunity applies to good-faith actions under a 287(g) agreement or an ICE detainer when taking a person into custody.

The attorney general must provide legal representation in certain federal cases involving 287(g) agreements and ICE detainers. This covers law enforcement agencies in 287(g) programs and officers deputized under those agreements. For a federal civil case involving a 287(g) agreement, the agency or deputized officer must have acted in good faith under the agreement. For a habeas corpus case, the agency must have acted in good faith in holding someone under an ICE detainer; habeas corpus is a court challenge to a person's detention.

A sheriff could sign a 287(g) agreement without county commission approval or the usual interlocal agreement process. This applies to Kansas sheriffs entering agreements with ICE for 287(g) programs.