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General Assembly Raised Bill No. 5439
February Session, 2026 LCO No. 2415
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CIVIL IMMIGRATION DETAINERS FOR
PERSONS WHO ARE CHARGED WITH THE COMMISSION OF A
CLASS A, B OR C FELONY OR A FAMILY VIOLENCE CRIME.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54 -192h of the 2026 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2026): 3
(a) For the purposes of this section: 4
(1) "Administrative warrant" means a warrant, notice to appear, 5
removal order or warrant of deportation issued by an agent of a federal 6
agency charged with the enforcement of immigration laws or the 7
security of the borders, including ICE and the United States Customs 8
and Border Protection, but does not include a warrant issued or signed 9
by a judicial officer; [.] 10
(2) "Civil immigration detainer" means a request from a federal 11
immigration authority to a local or state law enforcement agency for a 12
purpose including, but not limited to: 13
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(A) Detaining an individual suspected of violating a federal 14
immigration law or who has been issued a final order of removal; 15
(B) Facilitating the (i) arrest of an individual by a federal immigration 16
authority, or (ii) transfer of an individual to the custody of a federal 17
immigration authority; 18
(C) Providing notification of the release date and time of an 19
individual in custody; and 20
(D) Notifying a law enforcement officer, through DHS Form I -247A, 21
or any other form used by the United States Department of Homeland 22
Security or any successor agency thereto, of the federal immigration 23
authority's intent to take custody of an individual; 24
(3) "Confidential information" means any information obtained and 25
maintained by a law enforcement agency relating to (A) an individual's 26
(i) sexual orientation, or (ii) status as a victim of domestic violence or 27
sexual assault, (B) whether such individual is a (i) crime witness, or (ii) 28
recipient of public assistance, or (C) an individual's income tax or other 29
financial records, including, but not limited to, Social Security numbers; 30
(4) "Federal immigration authority" means any officer, employee or 31
other person otherwise paid by or acting as an agent of ICE or any 32
division thereof or any officer, employee or other person otherwise paid 33
by or acting as an agent of the United States Department of Homeland 34
Security or any successor agency thereto who is charged with 35
enforcement of the civil provisions of the Immigration and Nationality 36
Act; 37
(5) "ICE" means United States Immigration and Customs 38
Enforcement or any successor agency thereto; 39
(6) "ICE access" means any of the following actions taken by a law 40
enforcement officer with respect to an individual who is stopped by a 41
law enforcement officer with or without the individual's consent, 42
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arrested, detained or otherwise under the control of a law enforcement 43
official or agency: 44
(A) Responding to a civil immigration detainer or request for 45
notification pursuant to subparagraph (B) of this subdivision 46
concerning such individual; 47
(B) Providing notification to a federal immigration authority that 48
such individual is being or will be released at a certain date and time 49
through data sharing or otherwise; 50
(C) Providing a federal immigration authority nonpublicly available 51
information concerning such individual regarding release date or time, 52
home address or work address, whether obtained through a computer 53
database or otherwise; 54
(D) Allowing a federal immigration authority to interview such 55
individual under the control of the law enforcement agency; 56
(E) Allowing a federal immigration authority to use a facility or 57
resources in the control of a law enforcement agency to conduct 58
interviews, administrative proceedings or other immigration 59
enforcement activities concerning such individual; or 60
(F) Providing a federal immigration authority information regarding 61
dates and times of probation or parole supervision or any other 62
information related to such individual's compliance with the terms of 63
probation or parole; 64
"ICE access" does not include submission by a law enforcement 65
officer of fingerprints to the Automated Fingerprints Identification 66
system of an arrested individual or the accessing of information from 67
the National Crime Information Center by a law enforcement officer 68
concerning an arrested individual; 69
(7) "Judicial officer" means any judge of the state or federal judicial 70
branches and any federal magistrate judge. "Judicial officer" does not 71
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mean an immigration judge; 72
(8) "Law enforcement agency" means any agency for which a law 73
enforcement officer is an employee of or otherwise paid by or acting as 74
an agent of; 75
(9) "Law enforcement officer" means: 76
(A) Each officer, employee or other person otherwise paid by or 77
acting as an agent of the Department of Correction; 78
(B) Each officer, employee or other person otherwise paid by or acting 79
as an agent of a municipal police department; 80
(C) Each officer, employee or other person otherwise paid by or 81
acting as an agent of the Division of State Police within the Department 82
of Emergency Services and Public Protection; 83
(D) Each judicial marshal, state marshal and adult or juvenile 84
probation officer; 85
(E) Each state's attorney, assistant state's attorney, supervising state's 86
attorney, special deputy assistant state's attorney and each officer, 87
employee or other person otherwise paid by or acting as an agent of the 88
Division of Criminal Justice; and 89
(F) Each officer, employee or other person otherwise paid by or acting 90
as an agent of the Board of Pardons and Paroles; 91
(10) "Bail commissioner or intake, assessment or referral specialist" 92
means an employee of the Judicial Branch whose duties are described in 93
section 54-63d; and 94
(11) "School police or security department" means any police or 95
security department of (A) the constituent units of the state system of 96
higher education, as defined in section 10a-1, (B) a public school, or (C) 97
a local or regional school district. 98
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(b) (1) No law enforcement officer, bail commissioner or intake, 99
assessment or referral specialist, or employee of a school police or 100
security department shall: 101
(A) [Arrest] Except as provided in subdivision (2) of this subsection, 102
arrest or detain an individual pursuant to a civil immigration detainer ; 103
[unless (i) the detainer is accompanied by a warrant issued or signed by 104
a judicial officer, (ii) the individual has been convicted of (I) a violation 105
of section 53 -21, 53a -56a, 53a -64aa, 53a -71, 53a -72a, 53a -72b, 53a -90a, 106
53a-102a, 53a -196e, 53a -196f, 53a -196i, 53a -222 or 53a -223, or (II) any 107
class A or B felony offense, or (iii) the individual is identified as a 108
possible match in the federal Terrorist Screening Database or similar 109
database;] 110
(B) Expend or use time, money, facilities, property, equipment, 111
personnel or other resources to communicate with a federal 112
immigration authority regarding the custody status or release of an 113
individual targeted by a civil immigration detainer, except in a case 114
where the individual has been charged, after a finding of probable 115
cause, with a class A, B or C felony offense or a family violence crime 116
pursuant to section 46b -38h, or as provided in subsection (e) of this 117
section; 118
(C) Arrest or detain an individual based on an administrative 119
warrant, unless such individual has been charged, after a finding of 120
probable cause, with a class A, B or C felony offense or a family violence 121
crime pursuant to section 46b-38h; 122
(D) Give a federal immigration authority access to interview an 123
individual who is in the custody of a law enforcement agency unless the 124
individual (i) has been [convicted of (I) a violation of section 53-21, 53a-125
56a, 53a-64aa, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-102a, 53a-196e, 53a-126
196f, 53a-196i, 53a-222 or 53a-223, or (II) any class A or B felony offense] 127
charged with, after a finding of probable cause, a class A, B or C felony 128
offense or a family violence crime pursuant to section 46b -38h, (ii) is 129
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identified as a possible match in the federal Terrorist Screening 130
Database or similar database, or (iii) is the subject of a court order issued 131
under 8 USC 1225(d)(4)(B); or 132
(E) Perform any function of a federal immigration authority, whether 133
pursuant to 8 USC 1357(g) or any other law, regulation, agreement, 134
contract or policy, whether formal or informal. 135
(2) A law enforcement officer or bail commissioner may detain, for a 136
period not to exceed forty-eight hours, an individual pursuant to a civil 137
immigration detainer if: 138
(A) The detainer is accompanied by a warrant issued or signed by a 139
judicial officer; 140
(B) The individual has been charged, after a finding of probable 141
cause, with a class A, B or C felony offense or a family violence crime 142
pursuant to section 46b-38h; or 143
(C) The individual is identified as a possible match in the federal 144
Terrorist Screening Database or similar database. 145
(3) The provisions of this subsection shall not prohibit submission by 146
a law enforcement officer of fingerprints to the Automated Fingerprints 147
Identification system of an arrested individual or the accessing of 148
information from the National Crime Information Center by a law 149
enforcement officer concerning an arrested individual. 150
(c) Prior to responding to a request for notification of the release date 151
and time from custody of a law enforcement agency of an individual 152
suspected of violating a federal immigration law or who has been issued 153
a final order of removal, the law enforcement officer shall forward the 154
request to the head of the law enforcement agency for review. 155
(d) Any confidential information of an individual who comes into 156
contact with a law enforcement officer may be disclosed to a federal 157
immigration authority only if such disclosure is: 158
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(1) Authorized in writing by the individual to whom the information 159
pertains, or by the parent or guardian of such individual if the 160
individual is a minor or not legally competent to consent to such 161
disclosure; 162
(2) Necessary in furtherance of a criminal investigation of terrorism; 163
or 164
(3) Otherwise required by law. 165
(e) (1) Upon receiving a civil immigration detainer, a law enforcement 166
agency shall provide a copy of the detainer to the affected individual 167
who is the subject of the detainer and inform the individual whether the 168
law enforcement agency intends to comply with the detainer. If a law 169
enforcement agency provides ICE with notification that an individual is 170
being, or will be released on a certain date, the law enforcement agency 171
shall promptly provide to the individual and to the individual's attorney 172
or shall make a good faith effort to contact one other individual who the 173
individual may designate, a copy of such notification as well as the 174
reason, in writing, that such law enforcement agency is complying with 175
the detainer. 176
(2) All records relating to ICE access maintained by law enforcement 177
agencies shall be deemed public records under the Freedom of 178
Information Act, as defined in section 1 -200. Records relating to ICE 179
access include, but are not limited to, data maintained by the law 180
enforcement agency regarding the number and demographic data of 181
individuals to whom the agency has provided ICE access, the date ICE 182
access was provided to an individual, the type of ICE access provided 183
to an individual, the amount of resources expended on providing ICE 184
access and any communication between the law enforcement agency 185
and any federal immigration authority. No provision of this section 186
shall be construed to require disclosure of any record exempt from 187
disclosure under section 1-210 or 1-215. 188
(3) Beginning January 1, 2020, the legislative body of any 189
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municipality with a law enforcement agency that has provided ICE 190
access to an individual during the prior six months shall provide to the 191
Office of Policy and Management, on an ongoing basis every six months, 192
data regarding the number and demographic data of individuals to 193
whom the law enforcement agency has provided ICE access, the date 194
ICE access was provided to an individual and whether the ICE access 195
was provided as part of compliance with a civil immigration detainer or 196
through other means. Data may be provided in the form of statistics or, 197
if statistics are not maintained, as individual records, provided 198
personally identifiable information is redacted. 199
(f) The Office of Policy and Management shall ensure that the 200
requirements of this section are disseminated to, and appropriate 201
training is provided for, all affected law enforcement agencies and 202
school police or security departments and employees and agents of such 203
law enforcement agencies and school police or security departments. 204
Such training may entail how law enforcement officers and other 205
officials performing similar duties will adhere to the provisions of this 206
section and how they will interact with crime victims, criminal suspects 207
and individuals cooperating with law enforcement officers. 208
(g) No provision of this section shall be construed to provide, expand 209
or ratify the legal authority of any law enforcement agency to detain an 210
individual based on a civil immigration detainer request , except in a 211
case where the individual has been charged, after a finding of probable 212
cause, with a class A, B or C felony offense or a family violence crime 213
pursuant to section 46b-38h. 214
(h) A municipality may be subject to an action by any aggrieved 215
person for injunctive or declaratory relief, including a determination of 216
past violations, if an officer, employee or other person otherwise paid 217
by or acting as an agent of such municipality's police department or of 218
any school police or security department described in subparagraph (B) 219
or (C) of subdivision (11) of subsection (a) of this section for the school 220
district of such municipality violates any provision of this section. Such 221
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action may be brought in the superior court for the judicial district in 222
which the municipality is located. If an aggrieved person prevails in an 223
action under this subsection and an order of injunctive relief is issued, 224
such aggrieved person may be entitled to recover court costs and 225
reasonable attorney's fees associated only with an action or that portion 226
of an action concerning a request and order for injunctive relief. An 227
action under this subsection shall be privileged with respect to 228
assignment for trial. 229
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 54-192h
Statement of Purpose:
To permit law enforcement to detain for a limited period a person
charged, after a finding of probable cause, with a class A, B or C felony
or a family violence crime for purposes of a civil immigration detainer.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]