27A.1 Definitions.
1. “Immigration detainer request” means a written federal government request to a local entity to maintain temporary custody of an alien, including a United States department of homeland security form I-247 or a similar or successor form. “Immigration detainer request” includes only written federal government requests that are accompanied by any of the following properly completed forms or similar or successor forms, if such forms or similar or successor forms are signed by an authorized United States immigration and customs enforcement officer:
a. United States department of homeland security form I-200.
b. United States department of homeland security form I-205.
2. “Immigration law” means a law of this state or a federal law relating to aliens, immigrants, or immigration, including but not limited to the federal Immigration and Nationality Act, 8 U.S.C. §1101 et seq.
3. “Lawful detention” means the detention of a person by a local entity for the investigation of a public offense. “Lawful detention” excludes a detention if the sole reason for the detention is that a person is a victim of or witness to a public offense or is reporting a public offense.
4. “Local entity” means the governing body of a city or county. “Local entity” includes an officer or employee of a local entity or a division, department, or other body that is part of a local entity, including but not limited to a sheriff, police department, city attorney, or county attorney.
5. “Policy” includes a formal, written rule, policy, procedure, regulation, order, ordinance, motion, resolution, or amendment and an informal, unwritten policy.
6. “Public offense” excludes a moving traffic violation under chapter 321.
2018 Acts, ch 1089, §1, 12
Section applies to the release of a person from custody in this state on or after July 1, 2018; 2018 Acts, ch 1089, §12
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