SB 509

SENATE BILL NO. 509
An act to prohibit government entities from disclosing information
that will be used for the enforcement of federal immigration law in certain
circumstances.
the people of the state of michigan enact:
Sec. 1. As used in this
act:
(a) "Government entity" means any state, county, or municipal department, bureau, division,
section, board, commission, trustee, authority, or officer, created by the
constitution, statute, or agency action.
(b) "Person" means an individual, partnership,
corporation, organization, government entity, or association of any kind.
(c) "Personal information" means information that
identifies an individual, including the individual's photograph or image, name,
address, driver license number, Social Security number, telephone number,
digitized signature, or medical and disability
information. Personal information includes any information pertaining to an
individual's criminal history, and any list, dataset,
or aggregated data that contains information described in this subdivision.
Sec. 3. (1) Before
providing any personal information to a person, a government entity shall
require that the person provide the government entity with all of the following, as applicable:
(a) The person's name or the name of the entity on whose behalf the person is requesting the
personal information, as applicable.
(b) Contact information for the person.
(c) A statement by the person, under penalty of perjury, about whether the person is requesting the personal
information for the purpose of enforcing federal immigration law.
(d) If the person states under
subsection (c) that the request for personal information is for the purpose of
enforcing federal immigration law, a statement about whether the person has a
warrant for that personal information issued by a federal court or a court of
this state.
(2) If a person indicates that the personal information will
be used for the purpose of enforcing federal immigration law as described in
subsection (1), or if the government entity has reason to believe the personal
information will be used for the purpose of enforcing federal immigration law,
the government entity shall not provide any personal information to the person
unless the person presents a warrant for the personal information issued by a
federal court or a court of this state.
Sec. 5. By not later than March 31, 2026 and each March
31 thereafter, each government entity shall provide a report to the
attorney general and the legislature containing the following information for the previous calendar year:
(a) The amount of requests the government entity received for
personal information to be used for the purpose of enforcing federal
immigration law.
(b) The number of requests described in subdivision (a)
granted or denied by the government entity.
(c) Any other information requested by the attorney general or
the legislature.
Sec.
7. If a government entity that provided personal information to a person
determines that the person used the personal information for the purpose of
enforcing federal immigration law in violation of section 3, government
entities shall not provide any personal information to that person, or to the
entity on whose behalf the person requested the personal information, unless
obligated by a warrant issued by a federal court or a court of this state.