Participation in Warrant Service Officer Program by county sheriff in charge of county jail — Definitions

Ark. Code Ann. § 12-41-512 — under Local Correctional Facilities.

Ark. Code Ann. § 12-41-512

(a) As used in this section:(1) “Jail Enforcement Model” means a model of the United States Immigration and Customs Enforcement authorizing deputized state and local law enforcement officers to interrogate a person for information relating to the person's immigration status and to issue an immigration detainer under the Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on January 1, 2025; and(2) “Warrant Service Officer Program” means the program of the United States Immigration and Customs Enforcement authorizing state and local law enforcement officers to serve and execute administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on January 1, 2025.

(1) “Jail Enforcement Model” means a model of the United States Immigration and Customs Enforcement authorizing deputized state and local law enforcement officers to interrogate a person for information relating to the person's immigration status and to issue an immigration detainer under the Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on January 1, 2025; and

(2) “Warrant Service Officer Program” means the program of the United States Immigration and Customs Enforcement authorizing state and local law enforcement officers to serve and execute administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on January 1, 2025.

(b) A county sheriff in charge of a county jail shall:(1) Apply to participate in the Warrant Service Officer Program;(2) Upon a successful application, enter into an agreement with United States Immigration and Customs Enforcement for participation in the Warrant Service Officer Program; and(3) Renew the agreement upon the expiration of the agreement.

(1) Apply to participate in the Warrant Service Officer Program;

(2) Upon a successful application, enter into an agreement with United States Immigration and Customs Enforcement for participation in the Warrant Service Officer Program; and

(3) Renew the agreement upon the expiration of the agreement.

(c) (1) A county sheriff in charge of a county jail may choose to participate in the Jail Enforcement Model.(2) If a county sheriff in charge of a county jail participates in the Jail Enforcement Model, the county sheriff in charge of a county jail is exempt from the requirements under this section to participate in the Warrant Service Officer Model or the Warrant Service Officer Program.

(1) A county sheriff in charge of a county jail may choose to participate in the Jail Enforcement Model.

(2) If a county sheriff in charge of a county jail participates in the Jail Enforcement Model, the county sheriff in charge of a county jail is exempt from the requirements under this section to participate in the Warrant Service Officer Model or the Warrant Service Officer Program.

(d) If a county sheriff in charge of a county jail applies to participate in the Warrant Service Officer Program and is denied, he or she shall:(1) Ascertain from the United States Customs and Immigration Enforcement the reason for the denial of his or her application;(2) Make a good faith effort to address and remedy the reason for the denial of the application; and(3) Apply again to participate in the Warrant Service Officer Program.

(1) Ascertain from the United States Customs and Immigration Enforcement the reason for the denial of his or her application;

(2) Make a good faith effort to address and remedy the reason for the denial of the application; and

(3) Apply again to participate in the Warrant Service Officer Program.

(e) (1) If a county sheriff in charge of a county jail applies to participate in the Warrant Service Officer Program and is continually denied, he or she may apply for a waiver from the state.(2) The Division of Correction shall promulgate rules for the process of obtaining a waiver from the state under subdivision (e)(1) of this section.

(1) If a county sheriff in charge of a county jail applies to participate in the Warrant Service Officer Program and is continually denied, he or she may apply for a waiver from the state.

(2) The Division of Correction shall promulgate rules for the process of obtaining a waiver from the state under subdivision (e)(1) of this section.