8-2901.Admissibility of evidence; immigration status.

Evidence of a person's immigration status is not admissible in a civil proceeding, except when it's essential to prove an element of a claim or affirmative defense; offered to show a witness's interest or bias, if it won't confuse the issues or mislead the trier of fact and its probative value outweighs its prejudicial nature; or the person or his or her attorney voluntarily reveals the status to the court.

A party intending to offer such evidence must file a written motion at least 14 days before a hearing or trial, unless the court, for good cause, requires a different time. The motion must specifically describe the evidence and state the purpose for offering it. The court then holds an in camera hearing, with counsel present, limited to reviewing the evidence's probative value; if the evidence fits one of the three exceptions, the court makes findings of fact and conclusions of law on its permitted use. The motion, related papers, and the hearing record are sealed unless the court orders otherwise.

The section also creates a criminal deterrent: threatening to disclose, or disclosing outright, a person's or witness's immigration status, directly or indirectly, to any entity or immigration or law enforcement agency, with intent to deter that person from testifying freely, fully, and truthfully before trial or in any court or before a grand jury, administrative agency, or other state or local governmental unit, is a Class C misdemeanor.