Bill Amendment: MS HB538 | 2026 | Regular Session
Bill Title: Sanctuary policies; prohibit certain government entities and employees from adopting or interfering with federal immigration enforcement.
Status: 2026-04-08 - Approved by Governor [HB538 Detail]
Download: Mississippi-2026-HB538-Senate_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 538
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 25-1-119, Mississippi Code of 1972, is amended as follows:
25-1-119. (1) No * * *
agency * * * or
department * * *
of this state, county, municipality or any other political subdivision
of this state * * *; university, college, community college
or junior college * * *;
or any agent, employee * * *, officer or law enforcement agency thereof shall
adopt, * * *
implement or have in effect a policy, order * * *, ordinance, practice or procedure,
that (a) limits, restricts, bans or interferes with the enforcement of
federal immigration laws by any person; ( * * *b) limits or prohibits any person from
communicating or cooperating with federal agencies or officials to verify or
report the immigration status of any person; or ( * * *c) grants to any person the right to
lawful presence or status within the state, or a county * * *, municipality or any other
political subdivision of the state, or the campus of a university, college,
community college or junior college in violation of state or federal law.
(2) Any policy, order * * *, ordinance practice or procedure,
adopted in violation of this section shall be invalid and void from the date of
its adoption or enactment and shall have no force or effect.
(3) All agencies and departments of this state; counties, municipalities and any other political subdivisions of this state; universities, colleges, community colleges and junior colleges; and all agents, employees, officers and law enforcement agencies thereof shall cooperate to the fullest extent possible with the federal government and other state and local governments in enforcing federal immigration laws, complying with any immigration detainer request issued by the U.S. Immigration and Customs Enforcement, and providing information on all aliens within the state when requested by federal and other state and local government agencies, departments and law enforcement officials.
(4) Any agency or department of this state, county, municipality or any other political subdivision of this state; university, college, community college or junior college; and any agent, employee, officer or law enforcement agency thereof in violation of this section shall be subject to a waiver of sovereign immunity in all matters relating to the violation of this section to the extent allowed by and subject to the provisions of Section 11-46-1 et seq.
(5) The Attorney General shall investigate any agency or department of this state, county, municipality or any other political subdivision of this state; university, college, community college or junior college; or any agent, employee, officer or law enforcement agency thereof alleged to be in violation of this section and prosecute the person or entity in violation of this section to the fullest extent permitted by law.
SECTION 2. Section 71-11-1, Mississippi Code of 1972, is brought forward as follows:
71-11-1. The Legislature finds that when illegal immigrants have been sheltered and harbored in this state and encouraged to reside in this state through the benefit of work without verifying immigration status, these practices impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Mississippi. The Legislature further finds that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. The Legislature further finds that the Tenth Amendment to the United States Constitution reserves to the states those powers not delegated to the United States by the Constitution. Therefore, the Legislature declares that it is a compelling public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The Legislature also finds that other measures are necessary to ensure the integrity of various governmental programs and services.
SECTION 3. This act shall take effect and be in force from and after July 1, 2026, and shall stand repealed on June 30, 2026.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 25-1-119, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LAW PROHIBITING SANCTUARY POLICIES IN THE STATE INCLUDES ANY POLICY, ORDER, ORDINANCE, PRACTICE OR PROCEDURE, THAT LIMITS, RESTRICTS, BANS OR INTERFERES WITH THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS BY ANY PERSON; TO REQUIRE CERTAIN GOVERNMENT ENTITIES AND EMPLOYEES TO COOPERATE AND COMPLY WITH THE FEDERAL GOVERNMENT AND OTHER STATE AND LOCAL GOVERNMENTS WHEN ENFORCING FEDERAL IMMIGRATION LAWS; TO PROVIDE THAT CERTAIN GOVERNMENT ENTITIES AND EMPLOYEES SHALL BE SUBJECT TO A WAIVER OF SOVEREIGN IMMUNITY IN ALL MATTERS RELATING TO VIOLATIONS OF THIS SECTION; TO AUTHORIZE THE ATTORNEY GENERAL TO INVESTIGATE AND PROSECUTE ANY VIOLATION OF THIS SECTION; TO BRING FORWARD SECTION 71-11-1, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
