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HB 4858

Civil rights: public records; disclosure of certain information without a warrant; prohibit. Creates new act.

2025-2026 Regular Session Introduced by Kelly Breen and 14 co-sponsors

HB 4858 bars government disclosure of personal data for immigration enforcement without a warrant; adds perjury statements and annual reporting to boost privacy and accountability.

bill electronically reproduced 09/09/2025
#civilrights:publicrecords #criminalprocedure:warrants
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Bill Summary · HB 4858

Summary of HB 4858 (Michigan)

Overview

HB 4858 is a proposed Michigan act that would restrict government entities from disclosing personal information for the purpose of enforcing federal immigration law unless a warrant is presented. The bill adds new requirements and reporting obligations for state, county, and municipal government entities regarding requests for personal information.

Purpose and Intent

  • To prohibit government entities from disclosing personal information if the disclosure would be used to enforce federal immigration law, unless the requester provides a warrant issued by a federal court or a state court.
  • To increase transparency around such requests through annual reporting to the attorney general and the legislature.
  • To hold government entities accountable for misuse of personal information in immigration enforcement scenarios.

Key Provisions

Definitions (Sec. 1)

  • Government entity: Any state, county, or municipal department, bureau, division, board, commission, authority, or officer created by constitution, statute, or agency action.
  • Person: An individual or organizational entity (including government entities themselves).
  • Personal information: Data that identifies an individual (e.g., name, address, driver license number, Social Security number, phone number, biometrics, medical information), and includes criminal history or any dataset containing such information.

Conditions on Disclosure (Sec. 3)

  • Before providing personal information, the government entity must collect:
    • The requester’s name (or the entity on whose behalf the request is made).
    • Contact information for the requester.
    • A perjury-statement by the requester about whether the request is for enforcing federal immigration law.
    • If the request is for immigration enforcement, a perjury-statement about whether a warrant exists for the personal information (federal or state court).
  • If the requester intends to use the information for immigration enforcement (or the entity has reason to believe so), the government entity must not disclose personal information unless a warrant is presented.

Annual Reporting (Sec. 5)

  • By March 31 of each year (initially by March 31, 2026), each government entity must report to the attorney general and the legislature:
    • The number of requests for personal information intended for immigration enforcement.
    • The number of requests granted or denied.
    • Any other information requested by the attorney general or legislature.

Enforcement and Misuse (Sec. 7)

  • If a government entity determines that a requester used the personal information for immigration enforcement in violation of Sec. 3, the entity shall not provide further personal information to that requester or the entity on whose behalf the request was made, unless required by a warrant.

Affected Parties

  • Government entities at the state, county, and municipal levels.
  • Individuals or organizations requesting access to personal information.
  • Lawmakers and the attorney general, due to the reporting requirements.

Procedural and Timeline Aspects

  • Introduced: March 13, 2025.
  • First reading: April 3, 2025; referred to Committee on Government Operations (and earlier actions noted).
  • Status updates show electronic reproduction on September 9, 2025.
  • Annual reporting begins by March 31, 2026, with subsequent yearly reports thereafter.

Potential Impact

  • Strengthens privacy protections by limiting disclosure of personal information for immigration enforcement absent a warrant.
  • Adds procedural checks (perjury statements, warrant verification) for any request seeking personal data.
  • Creates ongoing transparency through annual reports detailing the scope and outcome of such requests.
  • Could impose administrative and compliance burdens on government entities to verify purposes and warrants.

Next Steps

  • Consideration by the Committee on Government Operations and potential floor action.
  • Possible amendments to clarify any enforcement mechanisms, penalties (if any), and effective date.

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

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