SB868 Summary

• Prohibits state entities, local governments, and law enforcement agencies from adopting or maintaining sanctuary policies that restrict cooperation with federal immigration enforcement or compliance with immigration detainers issued by federal agencies.

• Requires law enforcement agencies to use best efforts to support federal immigration law enforcement, including responding to immigration detainers, notifying federal agencies before inmate release, providing access for interviews, and sharing incarceration status and release dates.

• Allows counties to enter into agreements with federal immigration agencies for housing persons subject to immigration detainers and permits transfer of detainees to federal custody as early as 12 days before their release date with judicial authorization.

• Authorizes the Governor to initiate legal action against violating officers and allows the Attorney General to seek declaratory or injunctive relief against local entities or law enforcement agencies, with courts having continuing jurisdiction to enforce compliance.

• Permits the Governor to suspend state funding to local governmental entities or law enforcement agencies that violate the act until a court enjoins the unlawful sanctuary policy; takes effect November 1, 2025.