AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTIONS ON STATE AND MUNICIPAL COOPERATION WITH CIVIL IMMIGRATION ENFORCEMENT (Prohibits state or local authorities from voluntary participation in federal civil immigration enforcement. It would not prohibit compliance with a judicial warrant or court order issued by a court of competent jurisdiction.)

H8347

2026 -- H 8347
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LC006165
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTIONS ON STATE
AND MUNICIPAL COOPERATION WITH CIVIL IMMIGRATION ENFORCEMENT

Introduced By:
Representatives J. Lombardi, Cruz, Perez, Alzate, Potter, Stewart,
Sanchez, and Morales

Date Introduced:
March 25, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Legislative intent.
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(1) The general assembly finds that enforcement of federal civil immigration law is a
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federal function.
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(2) This act is intended to decline voluntary participation in federal civil immigration
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enforcement, pursuant to the Tenth Amendment of the United States Constitution, and consistent
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with the anti-commandeering doctrine.
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(3) Nothing in this act shall be construed to:
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(i) Prohibit compliance with a judicial warrant or court order issued by a court of competent
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jurisdiction;
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(ii) Prohibit communication of information regarding citizenship or immigration status as
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otherwise required by law;
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(iii) Interfere with the execution of federal law by federal officers acting within the scope
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of their lawful authority; or
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(iv) Prevent state or local cooperation in the investigation or prosecution of criminal
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offenses. For the avoidance of doubt, immigration status alone, including status as an
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undocumented individual resulting from unlawful entry, unlawful reentry, or failure to depart, or
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lawful presence in the United States as a nonimmigrant visa holder, refugee, asylee, or lawful
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permanent resident, shall not be considered a "criminal offense" or "violation of criminal law," as

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used in this act.
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SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND
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GOVERNMENT" is hereby amended by adding thereto the following chapter:
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CHAPTER 161.1
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RESTRICTIONS ON STATE AND MUNICIPAL COOPERATION WITH CIVIL
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IMMIGRATION ENFORCEMENT
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42-161.1-1. Definitions.

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As used in this chapter:
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(1) "Administrative warrant" means a warrant of removal/deportation or a warrant for arrest
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signed by an immigration agent, which is not a judicial warrant.
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(2) "Assist" or "cooperate" means to expend state or local resources for the primary purpose
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of facilitating civil immigration enforcement.
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(3) "Civil immigration detainer" means a detainer issued by U.S. Immigration and Customs
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Enforcement, a component of the Department of Homeland Security, pursuant to 8 CFR 287.7.
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(4) "Civil immigration enforcement" means the investigation, detention, transfer, or
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removal of noncitizens under federal immigration law.
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(5) "Immigration agent" means any officer, employee, or authorized representative of a
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federal agency charged with enforcement of federal civil immigration laws.
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(6) "In custody" means detained, arrested, incarcerated, or otherwise deprived of liberty by
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a law enforcement agency.
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(7) "Judicial warrant" or "court order" means a lawful judicial warrant or court order signed
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by a judge appointed pursuant to Article III of the United States Constitution, or a United States
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district court magistrate, that authorizes the specific action requested.
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(8) "Law enforcement agency" means an agency of the state or of a unit of local
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government charged with enforcement of state, or municipal laws, or with managing custody of
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detained persons in the state; or with probation and parole; and includes state and municipal
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prosecutors, their employees and agents.
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(9) "Law enforcement official" means any individual with the power to arrest or detain
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individuals, including law enforcement officers, correctional officers, division of sheriffs,
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probation officers, and others employed or designated by a law enforcement agency.
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(10) "Non-public information" means information not otherwise available to the general
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public through official public records or routine public access.
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42-161.1-2. Limitations on use of state resources.

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(a) No state agency, office, department, or other unit of state government, and no unit of

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local government, or their subdivisions, may enter into or renew any agreement under 8 U.S.C. §
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1357(g) or any similar intergovernmental service agreement, contract, or policy, formal or
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informal, for the purpose of civil immigration enforcement, processing, detention, housing, or
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removal.
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(b) Except as required by federal or state law, or upon presentation of a valid judicial
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warrant or court order, no law enforcement agency, or law enforcement official acting in an official
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capacity, shall:
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(1) Participate in, assist, or cooperate with an immigration agent in the enforcement of civil
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immigration laws;
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(2) Provide an immigration agent nonconsensual access, whether in person, by telephone,
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electronically, or otherwise, to any individual in the custody of the agency for purposes of civil
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immigration enforcement interviews;
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(3) Transfer or otherwise facilitate the transfer of any individual into the custody of an
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immigration agent;
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(4) Permit the use of personnel facilities, equipment, property, non-public information, or
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other resources by an immigration agent for purposes of civil immigration enforcement;
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(5) Allow immigration agents use of secure facilities, non-public office space, or non-
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public law enforcement databases for civil immigration enforcement purposes;
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(6) Disclose non-public information in response to a request from a federal immigration
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agent regarding an individual in the custody of the agency for purposes of civil immigration
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enforcement; or
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(7) Provide advance notification of release dates, transfer dates, or custodial status changes
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where such information is non-public and requested for purposes of civil immigration enforcement.
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(c) A law enforcement agency, or law enforcement official acting in an official capacity,
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may provide advance notice of a release date to a civil immigration officer only if the detainee is
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charged with a capital offense.
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(d) Nothing in this section shall preclude a law enforcement official from otherwise
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executing that official's duties in investigating violations of criminal law and cooperating in such
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investigations with federal and other law enforcement agencies.
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42-161.1-3. No extension of custody.

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(a) A law enforcement agency shall not detain an individual or extend an individual's
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detention beyond the time the individual would otherwise be released solely for purposes of civil
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immigration enforcement, absent a judicial warrant or court order.
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(b) A civil immigration detainer, administrative warrant, or request for notification shall

LC006165 - Page 3 of 5
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not constitute probable cause for continued detention under Rhode Island law.
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42-161.1-4. Remedies.

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(a) Any person aggrieved by a violation of this chapter may bring a civil action for
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declaratory and equitable relief.
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(b) A prevailing plaintiff shall be entitled to reasonable attorneys' fees and costs.
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42-161.1-5. Severability.

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If any provision of this chapter, or the application thereof, is held invalid, such
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determination shall not affect the provisions or applications of this chapter which can be given
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effect without the invalid provision or application, and to that end the provisions of this chapter are
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severable.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTIONS ON STATE
AND MUNICIPAL COOPERATION WITH CIVIL IMMIGRATION ENFORCEMENT
***
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This act would prohibit state or local authorities from voluntary participation in federal
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civil immigration enforcement. It would not prohibit compliance with a judicial warrant or court
3
order issued by a court of competent jurisdiction.
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This act would take effect upon passage.
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