Signed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to pass a bill that prohibits local government from adopting "sanctuary policies" for undocumented immigrants.

Highlights:

• Defines “sanctuary policy” as an order, ordinance, or law enforcement policy, that is formally or informally adopted as custom practice, or the following (Sec. 1):

• limits or prohibits a municipal officer or person employer by the municipality from communicating or cooperating with federal law agencies or officials to verify or report the immigration status of a person within the municipality;

• Grants undocumented immigrants the right to lawful presence or status within the municipality in violation of federal law;

• Violates 8 U.S.C. § 1373, which prohibits local and state governments from enacting laws for policies that limit communication with the Department of Homeland Security about the immigration status’ of individuals;

• Restricts or imposes any condition upon the municipality’s cooperation or compliance with detainers or other requests from the US Immigration and Customs Enforcement (ICE) to maintain custody of an immigrant or to transfer an immigrant to the custody of ICE;

• Requires ICE to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal and valid requests from ICE to maintain custody of an immigrant or to transfer an immigrant to the custody of ICE; or

• Prevents law enforcement officers from asking a person about his or her citizenship or immigrant status.

• Authorizes the Attorney General to withhold discretionary money from any municipality found in violation of this act, provided through funds or grants administered by the state, until they it is determined that the sanctuary policy is repealed (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits local government from adopting "sanctuary policies" for undocumented immigrants.

Highlights:

• Defines “sanctuary policy” as an order, ordinance, or law enforcement policy, that is formally or informally adopted as custom practice, or the following (Sec. 1):

• limits or prohibits a municipal officer or person employer by the municipality from communicating or cooperating with federal law agencies or officials to verify or report the immigration status of a person within the municipality;

• Grants undocumented immigrants the right to lawful presence or status within the municipality in violation of federal law;

• Violates 8 U.S.C. § 1373, which prohibits local and state governments from enacting laws for policies that limit communication with the Department of Homeland Security about the immigration status’ of individuals;

• Restricts or imposes any condition upon the municipality’s cooperation or compliance with detainers or other requests from the US Immigration and Customs Enforcement (ICE) to maintain custody of an immigrant or to transfer an immigrant to the custody of ICE;

• Requires ICE to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal and valid requests from ICE to maintain custody of an immigrant or to transfer an immigrant to the custody of ICE; or

• Prevents law enforcement officers from asking a person about his or her citizenship or immigrant status.

• Authorizes the Attorney General to withhold discretionary money from any municipality found in violation of this act, provided through funds or grants administered by the state, until they it is determined that the sanctuary policy is repealed (Sec. 1).

Full Bill Text