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AN ACT relating to the enforcement of sanctuary policies.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

âSECTION 0. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO

READ AS FOLLOWS:

5 (1) As used in this section:

(a) "Law enforcement officer" means a member of a lawfully organized police

unit or police force of a local government who is responsible for the

detection of crime and the enforcement of the general criminal laws of the

state, as well as sheriffs, sworn deputy sheriffs, constables, jailers, deputy

10 jailers, executive directors and corrections personnel of metropolitan

correctional services departments operating under KRS Chapter 67B, law

enforcement support personnel, public airport authority security officers,

other public peace officers responsible for law enforcement, and special

local peace officers licensed pursuant to KRS 61.360;

15 (b) "Local government" means a city, county, urban-county government,

charter county government, consolidated local government, or unified local

government, or any board, commission, department or subunit thereof, and

includes local air boards organized under KRS Chapter 83 as well as any

other special district in the Commonwealth employing law enforcement

20 officers;

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(c) "Local government official" means any elected or appointed official or any

law enforcement officer serving a local government;

(d) "Sanctuary policy" means an order, ordinance, resolution, or policy,

whether formally enacted or informally adopted by custom or practice, that:

5 1. Limits or prohibits a local government official or person employed by

the local government from communicating or cooperating with federal

agencies or officials to verify or report the immigration status of a

person within the jurisdiction of the local government;

2. Grants to illegal immigrants the right to lawful presence or status

10 within the jurisdiction of the local government in violation of federal

law;

3. Violates 8 U.S.C. sec. 1373;

4. Restricts or imposes any conditions upon the local government's

cooperation or compliance with detainers or other requests from

15 United States Immigration and Customs Enforcement to maintain

custody of an immigrant or to transfer an immigrant to the custody of

United States Immigration and Customs Enforcement;

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5. Requires United States Immigration and Customs Enforcement to

obtain a warrant or demonstrate more than probable cause before

complying with detainers or other legal and valid requests from

United States Immigration and Customs Enforcement to maintain

5 custody of an immigrant or to transfer an immigrant to the custody of

United States Immigration and Customs Enforcement; or

6. Prevents law enforcement officers from asking a person about his or

her citizenship or immigration status;

(2) No local government or local government official shall enact, adopt, or otherwise

10 enforce any sanctuary policy.

(3) Local governments, local government officials, and representatives, agents, or

employees of local governments or local government officials shall use their best

efforts to support the enforcement of federal immigration law. This subsection

applies to a local government official, representative, agent, or employee of the

15 local government only when that person is acting within the scope of his or her

official duties or within the scope of his or her employment.

âSECTION 0. A NEW SECTION OF KRS CHAPTER 164 IS CREATED

TO READ AS FOLLOWS:

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(1) No institution, administrator, governing board, chief, official, or campus security

authority as defined in KRS 164.948, of an institution, or any other

administrative body of an institution with the ability to make or issue policies,

rules, resolutions, shall enact, adopt, or otherwise enforce any sanctuary policy

5 as defined in Section 1 of this Act.

(2) An institution, administrator, governing board, chief, official, and campus

security authority as defined in KRS 164.948, or any other administrative body or

administrative body member, or representative, agent, or employee of an

institution shall use their best efforts to support the enforcement of federal

10 immigration law. This subsection applies to an administrator, governing board,

chief, official, or campus security authority, or any other administrative body or

administrative body member, or representative, agent, or employee of an

institution only when that person is acting within the scope of his or her official

duties or within the scope of his or her employment.

15 âSECTION 0. A NEW SECTION OF KRS CHAPTER 11 IS CREATED TO

READ AS FOLLOWS:

The Governor may enforce the provisions of Sections 1 and 2 of this Act through

injunctive action.

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