House Bill 1157

AN ACT 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 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 2. (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 3. This act shall take effect and be in force from and after July 1, 2007.