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Legislative Year: 2023 Change
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Bill Detail: HB23-1100

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Title Restrict Government Involvement In Immigration Detention
Status Introduced In House - Assigned to Judiciary (01/23/2023)
Bill Subjects
  • Local Government
  • State Government
House Sponsors N. Ricks (D)
L. Garcia (D)
Senate Sponsors J. Gonzales (D)
S. Jaquez Lewis (D)
House Committee Judiciary
Senate Committee
Date Introduced 01/23/2023
Summary

The United States immigration and customs enforcement, the
federal agency responsible for overseeing and implementing policies
related to immigration detention, contracts out a portion of its detention
capacity to state and local governments. State and local governments may
then subcontract with prisons or immigration detention facilities that are
owned, managed, or operated by private entities to house or detain
individuals for federal civil immigration purposes.
Beginning on January 1, 2024, the bill prohibits the state and any
local government in the state (governmental entity) from:
  • Entering into an agreement for the detention of individuals
in an immigration detention facility that is owned,
managed, or operated by a private entity;
  • Selling any government-owned property for the purpose of
establishing an immigration detention facility that is or will
be owned, managed, or operated by a private entity;
  • Paying any costs related to the sale, purchase, construction,
development, ownership, management, or operation of an
immigration detention facility that is or will be owned,
managed, or operated by a private entity;
  • Receiving any payment related to the detention of
individuals in an immigration detention facility that is
owned, managed, or operated by a private entity; or
  • Giving financial incentives or benefits to a private entity in
connection with the sale, purchase, construction,
development, ownership, management, or operation of an
immigration detention facility that is or will be owned,
managed, or operated by a private entity.
In addition, beginning on January 1, 2024, the bill prohibits a
governmental entity from entering into or renewing an agreement for
payment to house or detain individuals for federal civil immigration
purposes (immigration detention agreement). The bill also requires a
governmental entity with an existing immigration detention agreement to
exercise the termination provision contained in the agreement by a
specified date.

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with Amendments
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