MISSISSIPPI LEGISLATURE
2008 Regular Session
To: Judiciary, Division A
By: Senator(s) Yancey, Watson, Michel, McDaniel, Hudson, Davis (1st), Flowers, Chassaniol, Jackson (15th), Clarke, Ward
AN ACT TO ENACT A STATEMENT OF LEGISLATIVE INTENT; TO CREATE SECTION 97-1-11, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF AIDING AND ABETTING AN IMMIGRATION OFFENSE AND TO PROVIDE PENALTIES THEREFOR; TO PROHIBIT OFFICIAL RESISTANCE OR NONCOOPERATION OF SHARING INFORMATION REGARDING IMMIGRATION STATUS; TO PROVIDE FOR COOPERATIVE LAW ENFORCEMENT BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES ON IMMIGRATION MATTERS; TO REQUIRE VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS OF PERSONS WHO ARE ARRESTED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that when illegal immigrants have been sheltered and harbored in this state and encouraged to reside in this state through the benefit of work without verifying immigration status, these practices impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Mississippi. The Legislature further finds that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. The Legislature further finds that the Tenth Amendment to the United States Constitution reserves to the states those powers not delegated to the United States by the Constitution. Therefore, the Legislature declares that it is a compelling public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The Legislature also finds that other measures are necessary to ensure the integrity of various governmental programs and services.
SECTION 2. The following shall be codified as Section 97-1-11, Mississippi Code of 1972:
97-1-11. (1) It shall be a crime for a person to aid and abet the commission of any immigration or immigration-related offense.
(2) A person commits an offense under subsection (1) if the person by act or advice aids, promotes, encourages or instigates the commission of the crime:
(a) With knowledge of the unlawful purpose of the perpetrator; and
(b) With the intent or purpose of committing or encouraging or facilitating the commission of the crime while providing substantial assistance by the aider-abettor in achieving the primary violation.
(3) A person who aids and abets the commission of an immigration crime need not be present at the scene of the immigration crime to be found guilty under this section.
(4) A person convicted under this section shall be guilty of a felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by commitment to the custody of the Department of Corrections for not more than five (5) years, or by both.
SECTION 3. (1) Notwithstanding any other provision of law, no government entity or official within the State of Mississippi may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, an agency of the federal government, information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(2) Notwithstanding any other provision of law, no person or agency within the State of Mississippi may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(a) Sending such information to, or requesting or receiving such information from, an agency of the federal government.
(b) Maintaining such information.
(c) Exchanging such information with any other federal, state, or local government entity.
(3) This section shall allow for a private right of action by any natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel any noncooperating agency of the State of Mississippi or any political subdivision thereof to comply with such reporting laws. If the court finds violation of this section, the court may assess against the noncooperating entity all reasonable attorney's fees incurred by the party in bringing suit to enforce this section.
SECTION 4. (1) The Commissioner of Public Safety is authorized and directed to enter into a written agreement between this state and the United States Department of Justice or Department of Homeland Security, pursuant to Section 287(g) of the United States Immigration and Nationality Act, providing for the performance of certain immigration officer functions by designated officers and employees of the State of Mississippi or its political subdivisions and concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Mississippi.
(2) The Commissioner of Public Safety shall request and endeavor to obtain agreement for appropriately trained persons to perform functions related to the investigation, apprehension, detention, and transportation of detained persons across state lines into federal custody authorized by Section 287(g) of the United States Immigration and Nationality Act.
(3) No agency or political subdivision of this state, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from performing any functions pursuant to a written agreement authorized by this section.
SECTION 5. (1) When a person charged with a crime or other violation of law is arrested or otherwise confined for any period by a law enforcement agency, a reasonable effort shall be made to verify the citizenship or immigration status of the person so confined.
(2) If the prisoner is a foreign national, the law enforcement agency shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States, and, if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within forty-eight (48) hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.
(3) For the purpose of determining the grant of or issuance of bond, a person whose citizenship status has been verified pursuant to subsection (2) to be a foreign national who has not been lawfully admitted to the United States, shall be deemed to be at risk of flight.
(4) The Department of Public Safety shall prepare and issue guidelines and procedures used to comply with the provisions of this section.
SECTION 6. This act shall take effect and be in force from and after July 1, 2008.