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Code · BILL · 116th Congress · S. 2739 (Introduced in Senate) — To provide for the effective use of immigration detainers to enhance public safety. · Sec. 5

Sec. 5. Effective coordination with State, tribal, and local law enforcement agencies

328 words·~1 min read·/bill/116/s/2739/is/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ) is amended to read as follows: Notwithstanding any other provision of Federal, State, tribal, or local law, a Federal, State, tribal, or local government entity or official may not prohibit, or restrict in any way, any government entity or official from sending to, or receiving from, the Department of Homeland Security information regarding the citizenship or immigration status (lawful or unlawful) of any individual.
Notwithstanding any other provision of Federal, State, tribal, or local law, no person or agency may prohibit, or restrict in any way, a Federal, State, tribal, or local government entity from— sending information regarding the citizenship or immigration status (lawful or unlawful) of any individual to, or requesting or receiving such information from, the Department of Homeland Security; exchanging citizenship or immigration status information described in paragraph
(1)with any other Federal, State, tribal, or local government entity; providing the Department of Homeland Security with access to information in Federal, State, tribal, or local government databases regarding individuals with respect to whom a detainer has been issued, including when such individuals will be released from criminal custody; and maintaining custody of an individual pursuant to section 287(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d)(2) ). The Secretary of Homeland Security shall respond to an inquiry by a Federal, State, tribal, or local government agency that seeks to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. . The table of contents for the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1101 note) is amended by amending the item relating to 642 to read as follows: Sec. 642. Communication and cooperation between government agencies and the Department of Homeland Security. .
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  • Pub. L. 104-208
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Sec. 5
Effective coordination with State, tribal, and local law enforcement agencies
Pub. L.Pub. L. 104-208
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