2023 Oklahoma Statutes
Title 57. Prisons and Reformatories
§57-16a. Receiving and holding United States prisoners – Immigration detainer requests.
A. All sheriffs, jailers, prison keepers, and their deputies, within this state, to whom any persons shall be sent or committed, by virtue of legal process, issued by or under the authority of the United States, shall receive such persons into custody, and keep them safely until discharged by due course of the laws of the United States; and all such sheriffs, jailers, prison keepers and their deputies, offending in the premises, shall be liable to the same pains and penalties, and the parties aggrieved shall be entitled to the same remedies against them, or any of them, as if such prisoners had been committed to their custody by virtue of legal process issued under the authority of this state.
B. All sheriffs, jailers, prison keepers and their deputies who have 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 the person is being held pursuant to an immigration detainer issued by the United States Immigration and Customs Enforcement.
C. A sheriff, jailer, prison keeper or deputy shall not be required to perform a duty imposed by subsection B of this section with respect to a person who has provided proof that he or she is a citizen of the United States. Such proof may include:
1. An Oklahoma driver license or identification card issued by the Department of Public Safety on or after November 1, 2007; or
2. State- or federal government-issued identification.
D. All sheriffs, jailers, prison keepers, and their deputies, within this state, shall allow reasonable access to their detention facilities to the United States Immigration and Customs Enforcement for the purpose of identifying inmates.
E. As used in this section, "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.
R.L. 1910, § 4619. Amended by Laws 2021, c. 255, § 1, eff. Nov. 1, 2021.
