Section 1. SHORT TITLE
- This Act may be cited as the “Safe Haven Act of 2019”
1. "Law enforcement agency" referring to a government agency that is responsible for the enforcement of the laws.
2. "Law enforcement officer" referring to a government employee who is responsible for the prevention, investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws.
3. “Immigration enforcement” refers to any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law.
4.“Joint law enforcement task force” refers to a San Andreas law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.
5. “Immigration authority” refers to any federal, state, or local officer, employee, or person performing immigration enforcement functions.
Section 3. PURPOSE
1. Immigrants are necessary, functioning members of the community within the State of San Andreas. Roughly one-fourth of the residents of San Andreas are born to immigrant parents.
2. San Andreas relies on a mutual trust agreement with the immigrant community that takes refuge within its boundaries.
3. Entangling state and local agencies within federal immigration enforcement programs furthers the strain on already limited resources and blurs the lines of accountability between local, state, and federal governments.
4. Cooperation with federal immigration agencies breaches the trust established and creates fear to work with local government institutions when they become victims or witnesses of a crime or require basic health services, to the detriment of public safety in the State of San Andreas.
5. Local and state participation in federal immigration enforcement programs also raises constitutional concerns, as the residents of San Andreas can be targeted on the basis of race or ethnicity, and denied access to education based solely upon immigration status, creating violations of the Equal Protection Clause, granted in the fourteenth amendment.
Section 4. COOPERATION WITH IMMIGRATION AUTHORITIES
1. Law enforcement agencies are prohibited from using agency moneys or members to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes.
2. Law enforcement agencies are prohibited from placing law enforcement officers under the supervision of federal agencies or employ law enforcement officers deputized as special federal officers for the purpose of immigration enforcement.
3. Law enforcement agencies are prohibited from transferring an individual to immigration authorities unless authorized by a judicial warrant.
4. Law enforcement agencies are prohibited from giving immigration authorities access to interview an individual in agency custody.
5. Law enforcement officers are prohibited from asking anyone about their immigration status.
Section 5. RIGHTS
1. If a San Andreas law enforcement agency chooses to participate in a joint law enforcement task force, for which a San Andreas law enforcement agency has agreed to dedicate personnel or resources on an ongoing basis, it shall submit a report annually to the Department of Justice, as specified by the Attorney General.
2. All law enforcement agencies in the state of San Andreas are required to follow the regulations of this bill. Failure to comply with this bill will result in an investigation from the San Andreas Bureau of Investigation, San Andreas Department of Justice, and or the San Andreas Senate Standing Committee on Judiciary and Criminal Justice.
3. The Safe Haven Act of 2019 does not apply to immigrants convicted of a felony in the last five years, or immigrants registered as a sex offender.