Section 104 – Determining immigration status — Transfer or maintenance of information.

63G-12-104. Determining immigration status — Transfer or maintenance of information.
Except as limited by federal law and this chapter, any state or local governmental agency is not restricted or prohibited in any way from sending, receiving, or maintaining information related to the lawful or unlawful immigration status of an individual by communicating with any federal, state, or local governmental entity for any lawful purpose, including:

• (1) determining an individual’s eligibility for any public benefit, service, or license provided by any federal agency, by this state, or by a political subdivision of this state;

• (2) confirming an individual’s claim of residence or domicile if determination is required by state law or a judicial order issued pursuant to a civil or criminal proceeding in this state;

• (3) if the individual is an alien, determining if the individual is in compliance with the federal registration laws under 8 U.S.C. Sec. 1301 through 1306; or

• (4) a valid request for verification of the citizenship or immigration status of any person pursuant to 8 U.S.C. Sec. 1373.

Enacted by Chapter 18, 2011 General Session