Okla. Stat. tit. 22 § 171.3

Current through Laws 2024, c. 453.

Section 171.3 - Custody of persons subject to immigration detainer request

A. A law enforcement agency that has custody of a person who is subject to an immigration detainer request issued by the United States Immigration and Customs Enforcement shall:

1. Comply with, honor and fulfill any request made in the immigration detainer request provided by the United States Immigration and Customs Enforcement; and

2. Inform the person identified in the immigration detainer request that he or she is being held pursuant to an immigration detainer request issued by the United States Immigration and Customs Enforcement.

B. A law enforcement agency shall not be required to perform a duty imposed by subsection A of this section with respect to a person who has provided proof that the person is a citizen of the United States. Such proof may include:

1. An Oklahoma driver license or identification card issued by Service Oklahoma on or after November 1, 2007; or

2. State- or federal government-issued identification.

C. As used in this section:

1. "Immigration detainer request" means a 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 document or a similar successor form; and

2. "Law enforcement agency" means any state, county or municipal agency or department which maintains custody of persons accused of, charged with or convicted of any criminal offense. This term includes, but shall not be limited to, peace officers, sheriffs, deputy sheriffs, jailers, correctional officers, agents, employees or contractors of a law enforcement agency.

Okla. Stat. tit. 22, § 171.3

Amended by Laws 2023, c. 310,s. 1, eff. 7/1/2023.

Added by Laws 2021 , c. 255, s. 2, eff. 11/1/2021.