Purpose

• To change how trespass offenses are handled on private property and premises, by adding a requirement for a warrant signed by a judicial officer when immigration enforcement is involved.
• To prohibit the detention of people who are subject to federal civil immigration detainers issued by the federal government.

Main Provisions

• Warrant requirement for immigration enforcement on premises

  • An offense is created for entering or remaining on another person’s premises with the intent to enforce civil immigration laws without a warrant signed by a judicial officer and without probable cause to believe the person is on the premises.
  • A “judicial officer” is defined as a judge or United States magistrate judge, or a court clerk authorized to sign warrants under the Federal Rules of Criminal Procedure.

• Prohibition on detention based on federal immigration detainers

  • State and local authorities cannot detain a person solely because of a federal civil immigration detainer.

• Expanded definitions related to trespass

  • Premises: real property and any appurtenant building or structure.
  • Dwelling: the building or part used as a place of residence, full-time or part-time.
  • Construction site: site where building work (construction, alteration, painting, or repair) is happening.
  • Owner or lawful possessor: the person on whose behalf work is done, including the general contractor or subcontractor.
  • Posted: signs and postings that warn against trespass, with specific placement and size requirements.
  • Signs and posting rules: signs must be conspicuously placed; specific size, content, and frequency rules are described (e.g., at least 8.5 inches by 11 inches, warnings against trespass, legible lettering, posted at regular intervals).

• Specific trespass offenses and do-not-enter rules

  • A person commits a misdemeanor if they:
  • Enter or remain on another’s premises in ways that violate the defined trespass offenses.
  • Enter the dwelling or posted building without right or owner consent, except in emergencies.
  • Enter premises to take fruit, trees, or vegetables without permission.
  • Enter premises for civil immigration enforcement without a warrant and without probable cause.
  • Enter cemeteries outside posted hours.
  • Return to property after being told to leave and not to return, without right or consent.
  • Enter locked or posted construction sites or aggregate mining sites without consent unless they are a business licensee.
  • Cross into or enter areas cordoned off by a peace officer engaged in official duties (with an affirmative defense if a peace officer permits entry).
  • Areas cordoned off by a peace officer can be entered only if permitted by the officer.

• Exceptions and defenses

  • Business licensees (such as building trades workers) may be allowed on locked/posted construction sites or aggregate mining sites without the owner’s consent.

Significant Changes to Existing Law

• Adds a required warrant for on-premises immigration enforcement actions, shifting authority from a potential detainer or informal action to a judicially authorized process.
• Introduces a clear prohibition on detaining individuals solely on federal immigration detainers, aligning state/local practice with the need for due process.
• Creates new or expanded trespass offenses focused on immigration enforcement and restricts entry to certain sensitive areas without a warrant.
• Strengthens posting and signage requirements for property owners to deter trespass, including specific sign dimensions and placement.
• Provides an affirmative defense for entry into restricted areas when allowed by a peace officer.

Practical Implications

• Law enforcement and immigration enforcement on private property will require a judicially signed warrant to detain or arrest someone for immigration reasons.
• Individuals cannot be detained by state or local authorities simply due to a federal civil immigration detainer.
• Property owners and managers have clearer requirements for posting and securing premises, with defined consequences for trespass related to immigration enforcement.
• Authorized workers on construction or mining sites (business licensees) have clarified access, while others face stricter trespass penalties.

Relevant Terms - trespass - premises - dwelling - construction site - posted - owner or lawful possessor - business licensee - judicial officer - warrant - civil immigration enforcement - immigration detainer - probable cause - peace officer - cordoned off area - sign (posting requirements)