Okla. Stat. tit. 57, § 57-16a: Receiving and holding United States prisoners –
Where this section sits in the code
- OK Code
- Title 57
Immigration detainer requests.
A. All sheriffs, jailers, prison keepers, and their deputies,
within this state, to whom any persons shall be sent or committed,
by virtue of legal process, issued by or under the authority of the
United States, shall receive such persons into custody, and keep
them safely until discharged by due course of the laws of the United
States; and all such sheriffs, jailers, prison keepers and their
deputies, offending in the premises, shall be liable to the same
pains and penalties, and the parties aggrieved shall be entitled to
the same remedies against them, or any of them, as if such prisoners
had been committed to their custody by virtue of legal process
issued under the authority of this state.
B. All sheriffs, jailers, prison keepers and their deputies who
have custody of a person who is subject to an immigration detainer
request issued by the United States Immigration and Customs
Enforcement shall:
1. Comply with, honor and fulfill any request made in the
immigration detainer request provided by the United States
Immigration and Customs Enforcement; and
2. Inform the person identified in the immigration detainer
request that the person is being held pursuant to an immigration
detainer issued by the United States Immigration and Customs
Enforcement.
C. A sheriff, jailer, prison keeper or deputy shall not be
required to perform a duty imposed by subsection B of this section
with respect to a person who has provided proof that he or she is a
citizen of the United States. Such proof may include:
1. An Oklahoma driver license or identification card issued by
the Department of Public Safety on or after November 1, 2007; or
2. State- or federal government-issued identification.
D. All sheriffs, jailers, prison keepers, and their deputies,
within this state, shall allow reasonable access to their detention
facilities to the United States Immigration and Customs Enforcement
for the purpose of identifying inmates.
E. As used in this section, "immigration detainer request"
means a federal government request to a local entity to maintain
temporary custody of an alien, including a United States Department
of Homeland Security Form I-247 document or a similar successor
form.
R.L. 1910, § 4619. Amended by Laws 2021, c. 255, § 1, eff. Nov. 1,
2021.
Collected 2026-09-14T18:32:36Z. Source file · JSON