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HB 1585

A BILL for an Act to create and enact a new section to chapter 12-63 of the North Dakota Century Code, relating to a requirement for peace officers to report undocumented immigrants to United States immigration and customs.

69th Legislative Assembly (2025-26) Introduced by Jose Castaneda and 8 co-sponsors

ND HB1585 would require peace officers to report people suspected of illegal presence to ICE/CBP as soon as practicable; noncompliance is an infraction.

Second reading, failed to pass, yeas 41 nays 50
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WeVote Research Nonpartisan
Bill Summary · HB 1585

Summary — HB 1585 (North Dakota version)

Status: Introduced March 14, 2025. Second reading — failed to pass (yeas 41, nays 50).

Purpose

HB 1585 would add a new section to chapter 12‑63 of the North Dakota Century Code requiring state and local peace officers to report persons believed to be unlawfully present in the United States to federal immigration authorities, and it would make failure to report an infraction.

Key provisions

  • New statutory section (to NDCC ch. 12‑63) titled roughly: “Peace officer — Requirement — Report to United States Immigration and Customs Enforcement — Penalty.”
  • Reporting trigger:
    • Early drafts used the phrase “reasonably believes” an immigrant is in the United States illegally.
    • Committee/first‑engrossment language revised the standard to “has probable cause to believe” an immigrant is in the United States illegally.
  • Required reporting action:
    • Officers “shall report” the individual to U.S. Immigration and Customs Enforcement (ICE) using ICE’s tip line phone number or the tip form on ICE’s website, “as soon as practicable.”
    • Engrossed text also named United States Customs and Border Protection (CBP) as an alternative recipient.
  • Penalty for non‑compliance:
    • An individual officer who violates the section would be guilty of an infraction (the bill states this is “notwithstanding section 12‑63‑14”); no specific fine amount is included in the text provided.
  • Scope:
    • Applies to “a peace officer employed by a criminal justice agency or a political subdivision” (i.e., state, county, municipal officers).

Who would be affected

  • Peace officers and the agencies that employ them (state/local law enforcement).
  • Noncitizens suspected of being in the U.S. without authorization (would be reported to federal immigration authorities).
  • Local community relationships with immigrant communities, prosecutors, public‑safety practices and agency policies (because of reporting duties and potential training/administrative needs).

Procedural/timeline notes

  • Committee report (Judiciary Committee) included amendments clarifying the probable‑cause standard and adding the infraction penalty.
  • According to the provided status, HB 1585 reached second reading but failed to pass on the floor (yeas 41, nays 50).
  • The bill’s text evolved across drafts (language varied between “reasonably believes” and “probable cause,” and between listing ICE alone vs. ICE or CBP).

Practical implications (summary of likely effects)

  • Would create a statutory duty for local officers to notify federal immigration authorities in certain circumstances; agencies would likely need policy updates and training.
  • Could affect public‑safety interactions with immigrant communities (e.g., reporting requirement may affect victim/witness willingness to contact police).
  • Enforcement limited to an infraction for individual officers; the bill does not create a separate prosecution pathway for the immigration status itself (those determinations remain a federal matter).

Sponsors and related measures (as provided): bill sponsors listed in the draft include Representatives Kasper, Koppelman, Louser, Monson, Morton, Motschenbacher and Senators Castaneda, Paulson, Powers. Related/companion bills in the materials: SB 2976 and HB 2937.

Compiled from official sources — confirm details with the bill’s official record.

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