1. (a) Except as provided in subsection (b), a governmental body that has custody of an individual who is the subject of an immigration detainer request shall:

   1. (1) provide to the judge authorized to grant or deny the individual's release on bail under IC 35-33-8-3.2 written notice that the individual is subject to an immigration detainer request;
   2. (2) record in the individual's case file that the individual is subject to an immigration detainer request;
   3. (3) comply with all requests made in the immigration detainer request; and
   4. (4) inform the individual that the individual is being held pursuant to an immigration detainer request issued by an authorized immigration officer.

2. (b) An individual who is the subject of an immigration detainer request may challenge the immigration detainer request by claiming that:

   1. (1) the individual has been misidentified and the correct subject of the immigration detainer request is not the individual; or

   2. (2) the individual is a citizen of the United States and is not subject to removal.

      After an individual makes either of these claims, the governmental body shall contact the authorized immigration officer to determine whether the individual has been misidentified or is a citizen of the United States.

3. (c) A governmental body or an employee of a governmental body is not criminally or civilly liable for any action taken in compliance with an immigration detainer request under this section as long as the action does not violate federal or state law.

As added by P.L.106-2026, SEC.8.