27A.8 Complaints — notification — civil action.
1. Any person, including a federal agency, may file a complaint with the attorney general alleging that a local entity has violated or is violating this chapter if the person offers evidence to support such an allegation. The person shall include with the complaint any evidence the person has in support of the complaint.
2. A local entity for which the attorney general has received a complaint pursuant to this section shall comply with any document requests, including a request for supporting documents, from the attorney general relating to the complaint.
3. A complaint filed pursuant to subsection 1 shall not be valid unless the attorney general determines that a violation of this chapter by a local entity was intentional.
4. If the attorney general determines that a complaint filed pursuant to this section against a local entity is valid, the attorney general, not later than ten days after the date of such a determination, shall provide written notification to the local entity by certified mail, with return receipt requested, stating all of the following:
a. A complaint pursuant to this section has been filed and the grounds for the complaint.
b. The attorney general has determined that the complaint is valid.
c. The attorney general is authorized to file a civil action in district court pursuant to subsection 6 to enjoin a violation of this chapter no later than forty days after the date on which the notification is received if the local entity does not come into compliance with the requirements of this chapter.
d. The local entity and any entity that is under the jurisdiction of the local entity will be denied state funds pursuant to section 27A.9 for the state fiscal year following the year in which a final judicial determination in a civil action brought under this section is made.
5. No later than thirty days after the date on which a local entity receives written notification under subsection 4, the local entity shall provide the attorney general with all of the following:
a. Copies of all of the local entity’s written policies relating to immigration enforcement actions.
b. A copy of each immigration detainer request received by the local entity from a federal agency.
c. A copy of each response sent by the local entity to an immigration detainer request described by paragraph “b”.
d. A description of all actions the local entity has taken or will take to correct any violations of this chapter.
e. If applicable, any evidence that would refute the allegations made in the complaint.
6. No later than forty days after the date on which the notification pursuant to subsection 4 is received, the attorney general shall file a civil action in district court to enjoin any ongoing violation of this chapter by a local entity.
2018 Acts, ch 1089, §8, 12
Referred to in §27A.9, 27A.10
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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