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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 868 By: Frix
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6 AS INTRODUCED
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7 An Act relating to immigration policy; creating the
7 Prohibition on Sanctuary Policies for Illegal
8 Immigration Act; providing short title; defining
8 terms; prohibiting certain policy; requiring support
9 of federal immigration law; prohibiting certain
9 restriction on certain actions; requiring certain
10 documentation; authorizing certain transport of
10 detainee; disallowing certain detainment; stating
11 certain clarifications; requiring certain agreements
11 between county correctional facilities and federal
12 immigration agency; authorizing certain action for
12 violation; authorizing certain relief; requiring
13 court to enjoin policy in certain event; stating
13 criteria for certain injunction; authorizing Governor
14 to suspend certain funding; providing for
14 codification; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 22-126.1 of Title 11, unless
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20 there is created a duplication in numbering, reads as follows:
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21 A. This act shall be known and may be cited as the "Prohibition
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22 on Sanctuary Policies for Illegal Immigration Act".
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23 B. As used in this section:
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1 1. "Federal immigration agency" means the United States
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2 Department of Justice and the United States Department of Homeland
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3 Security, a division within such an agency, including United States
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4 Immigration and Customs Enforcement and United States Customs and
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5 Border Protection, any successor agency, and any other federal
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6 agency charged with the enforcement of immigration law;
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7 2. "Immigration detainer" means a facially sufficient written
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8 or electronic request issued by a federal immigration agency using
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9 that agency's official form to request that another law enforcement
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10 agency detain a person based on probable cause to believe that the
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11 person to be detained is a removable alien under federal immigration
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12 law, including detainers issued pursuant to 8 U.S.C., Sections 1226
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13 and 1357 along with a warrant described in subparagraph c of this
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14 section. For purposes of this section, an immigration detainer is
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15 deemed facially sufficient if:
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16 a. the federal immigration agency's official form is
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17 complete and indicates on its face that the federal
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18 immigration official has probable cause to believe
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19 that the person to be detained is a removable alien
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20 under federal immigration law, or the federal
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21 immigration agency's official form is incomplete and
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22 fails to indicate on its face that the federal
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23 immigration official has probable cause to believe
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24 that the person to be detained is a removable alien
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1 under federal immigration law, but is supported by an
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2 affidavit, order, or other official documentation that
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3 indicates that the federal immigration agency has
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4 probable cause to believe that the person to be
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5 detained is a removable alien under federal
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6 immigration law, and
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7 b. the federal immigration agency supplies with its
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8 detention request a Form I-200 Warrant for Arrest of
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9 Alien or a Form I-205 Warrant of Removal/Deportation
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10 or a successor warrant or other warrant authorized by
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11 federal law;
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12 3. "Inmate" means a person in the custody of a law enforcement
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13 agency;
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14 4. "Law enforcement agency" means an agency in this state
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15 charged with enforcement of state, county, municipal, or federal
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16 laws or with managing custody of detained persons in this state and
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17 includes municipal police departments, sheriffs' offices, state
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18 police departments, state university and college police departments,
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19 county correctional agencies, and the Department of Corrections;
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20 5. "Local governmental entity" means any county, municipality,
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21 or other political subdivision of this state;
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22 6. "Sanctuary policy" means a law, policy, practice, procedure,
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23 or custom adopted or allowed by a state entity or local governmental
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24 entity which prohibits or impedes a law enforcement agency from
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1 complying with 8 U.S.C., Section 1373 or which prohibits or impedes
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2 a law enforcement agency from communicating or cooperating with a
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3 federal immigration agency so as to limit such law enforcement
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4 agency in, or prohibit the agency from:
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5 a. complying with an immigration detainer,
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6 b. complying with a request from a federal immigration
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7 agency to notify the agency before the release of an
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8 inmate or detainee in the custody of the law
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9 enforcement agency,
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10 c. providing a federal immigration agency access to an
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11 inmate for interview,
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12 d. participating in any program or agreement authorized
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13 under Section 287 of the Immigration and Nationality
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14 Act, 8 U.S.C., Section 1357, or
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15 e. providing a federal immigration agency with an
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16 inmate's incarceration status or release date; and
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17 7. "State entity" means the state or any office, board, bureau,
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18 commission, department, branch, division, or institution thereof,
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19 including institutions within the state University System.
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20 C. A state entity, law enforcement agency, or local
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21 governmental entity shall not adopt or have in effect a sanctuary
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22 policy.
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23 D. 1. A law enforcement agency shall use best efforts to
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24 support the enforcement of federal immigration law. This subsection
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1 applies to an official, representative, agent, or employee of the
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2 entity or agency only when he or she is acting within the scope of
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3 his or her official duties or within the scope of his or her
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4 employment.
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5 2. Except as otherwise expressly prohibited by federal law, a
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6 state entity, local governmental entity, or law enforcement agency,
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7 or an employee, an agent, or a representative of the entity or
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8 agency, may not prohibit or in any way restrict a law enforcement
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9 agency from taking any of the following actions with respect to
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10 information regarding a person's immigration status:
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11 a. sending the information to or requesting, receiving,
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12 or reviewing the information from a federal
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13 immigration agency for purposes of this chapter,
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14 b. recording and maintaining the information for purposes
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15 of this act,
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16 c. exchanging the information with a federal immigration
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17 agency or another state entity, local governmental
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18 entity, or 136 law enforcement agency for purposes of
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19 this act,
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20 d. using the information to comply with an immigration
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21 detainer, or
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22 e. using the information to confirm the identity of a
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23 person who is detained by a law enforcement agency.
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1 3. a. For purposes of this subsection, the term "applicable
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2 criminal case" means a criminal case in which:
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3 (1) the judgment requires the defendant to be
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4 confined in a secure correctional facility, and
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5 (2) the judge:
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6 (a) indicates in the record that the defendant
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7 is subject to an immigration detainer, or
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8 (b) otherwise indicates in the record that the
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9 defendant is subject to a transfer into
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10 federal custody.
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11 b. In an applicable criminal case, when the judge
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12 sentences a defendant who is the subject of an
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13 immigration detainer to confinement, the judge shall
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14 issue an order requiring the secure correctional
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15 facility in which the defendant is to be confined to
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16 reduce the defendant's sentence by a period of not
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17 more than twelve (12) days on the facility's
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18 determination that the reduction in sentence will
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19 facilitate the seamless transfer of the defendant into
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20 federal custody.
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21 c. If the information specified in subdivision a of
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22 division 2 of subparagraph a of this paragraph or
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23 subdivision b of division 2 of subparagraph a of this
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24 paragraph is not available at the time the sentence is
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1 pronounced in the case, but is received by a law
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2 enforcement agency afterwards, the law enforcement
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3 agency shall notify the judge, who shall issue the
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4 order provided for in subparagraph b of this paragraph
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5 as soon as the information becomes available.
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6 4. A state entity, local governmental entity, or law
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7 enforcement agency that withholds information regarding the
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8 immigration information of a victim of or witness to a criminal
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9 offense pursuant to paragraph 8 of this subsection shall document
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10 the victim's or witness's cooperation in the entity's or agency's
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11 investigative records related to the offense and shall retain the
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12 records for at least ten (10) years for the purpose of audit,
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13 verification, or inspection by the Auditor General.
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14 5. When a county correctional facility or the Department of
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15 Corrections receives verification from a federal immigration agency
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16 that a person subject to an immigration detainer is in the law
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17 enforcement agency's custody, the agency may securely transport the
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18 person to a federal facility in this state or to another point of
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19 transfer to federal custody outside the jurisdiction of the law
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20 enforcement agency. The law enforcement agency may transfer a
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21 person who is subject to an immigration detainer and is confined in
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22 a secure correctional facility to the custody of a federal
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23 immigration agency not earlier than twelve (12) days before his or
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24 her release date. A law enforcement agency shall obtain judicial
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1 authorization before securely transporting an alien to a point of
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2 transfer outside of this state.
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3 6. This section does not require a state entity, local
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4 governmental entity, or law enforcement agency to provide a federal
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5 immigration agency with information related to a victim of or a
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6 witness to a criminal offense if the victim or witness timely and in
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7 good faith responds to the entity's or agency's request for
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8 information and cooperation in the investigation or prosecution of
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9 the offense.
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10 7. This section does not authorize a law enforcement agency to
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11 detain an alien unlawfully present in the United States pursuant to
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12 an immigration detainer solely because the alien witnessed or
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13 reported a crime or was a victim of a criminal offense.
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14 8. This section does not apply to any alien unlawfully present
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15 in the United States if he or she is or has been a necessary witness
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16 or victim of a crime of domestic violence, rape, sexual
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17 exploitation, sexual assault, murder, manslaughter, assault,
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18 battery, human trafficking, kidnapping, false imprisonment,
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19 involuntary servitude, fraud in foreign labor contracting,
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20 blackmail, extortion, or witness tampering.
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21 E. Each county correctional facility shall enter into an
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22 agreement or agreements with a federal immigration agency for
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23 temporarily housing persons who are the subject of immigration
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24 detainers and for the payment of the costs of housing and detaining
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1 such persons. A compliant agreement may include any contract
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2 between a correctional facility and a federal immigration agency for
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3 housing or detaining persons subject to immigration detainers, such
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4 as basic ordering agreements in effect on or after July 1, 2019,
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5 agreements authorized by Section 287 of the Immigration and
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6 Nationality Act, 8 U.S.C., Section 1357, or successor agreements and
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7 other similar agreements authorized by federal law.
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8 F. 1. Any executive or administrative state, county, or
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9 municipal officer who violates his or her duties under this chapter
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10 may be subject to action by the Governor in the exercise of his or
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11 her authority under the Oklahoma Constitution and state law. The
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12 Governor may initiate judicial proceedings in the name of the state
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13 against such officers to enforce compliance with any duty under this
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14 chapter or restrain any unauthorized act contrary to this chapter.
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15 2. In addition, the Attorney General may file suit against a
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16 local governmental entity or local law enforcement agency in a court
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17 of competent jurisdiction for declaratory or injunctive relief for a
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18 violation of this chapter.
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19 3. If a local governmental entity or local law enforcement
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20 agency violates this chapter, the court must enjoin the unlawful
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21 sanctuary policy. The court has continuing jurisdiction over the
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22 parties and subject matter and may enforce its orders with the
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23 initiation of contempt proceedings as provided by law.
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1 4. An order approving a consent decree or granting an
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2 injunction must include written findings of fact that describe with
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3 specificity the existence and nature of the sanctuary policy that
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4 violates this chapter.
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5 5. If the Governor finds that a local governmental entity or
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6 local law enforcement agency has violated this chapter, the Governor
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7 may suspend any state funding set to be distributed to that local
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8 governmental entity or local law enforcement agency until a court
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9 enjoins the unlawful sanctuary policy.
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10 SECTION 2. This act shall become effective November 1, 2025.
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12 60-1-286 CN 1/19/2025 5:44:55 AM
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Req. No. 286 Page 10Every fact on this page links to its source, starting with the official bill record.