HB 1961

This bill prohibits a state or local law enforcement agency from assist ing , participat ing in, or facilitat ing an immigration enforcement action against an individual unless the requesting federal authority certifies in writing that (i) t he individual is not a veteran of the United States armed force or (ii) t he individual's veteran status has been reviewed and confirmed by the United States department of veterans affairs. Absent such certification, all state assistance in an immigration enforcement action must be withheld. As used in this bill, a "veteran"" means a person who served in the United States armed for ces and was discharged under honorable or general conditions. MANDATORY VETERAN STATUS SCREENING Prior to honoring any immigration detainer or transfer request, this bill requires a state or local law enforcement agency to (i) a sk whether the individual has served in the United States armed forces and ( ii ) c onduct a good-faith review of available records to determine whether the individual is a veteran. If veteran status is indicated, then the individual must not be transferred until verification is completed. JUDICIAL SAFEGUARDS This bill prohibits a state or local law enforcement officer from assist ing in the detention or transfer ring of a veteran for immigration purposes unless presented with ( i ) a valid judicial warrant and (ii) w ritten certification from the agency requesting the transfer that veteran-specific immigration relief has been considered. ACCESS TO COUNSEL AND BENEFITS This bill requires a veteran subject to immigration proceedings while in state custody to be (i) i nformed of the right to consult an attorney knowledgeable in military-related immigration relie f and (ii) p ermitted reasonable access to records necessary to establish service in the United States armed forces. However, this bill does not deny state or federal veterans' benefits pending verification. ENFORCEMENT This bill provides that any evidence obtained in violation of this bill is inadmissible in state proceedings. A person affected by a violation may bring an action for injunctive or declaratory relief."