Model State Statute: Prohibiting Sanctuary Policies

Model State Statute: Prohibiting Sanctuary Policies

Apr 4th, 2025 1 min read

Section 1. Sanctuary policies prohibited. A state or local government entity, department, or law enforcement agency may not adopt or have in effect a sanctuary policy or any policy, practice, or procedure that limits, restricts, bans, or interferes with the enforcement of federal immigration laws by any entity, agency, department, or law enforcement agency.

Section 2. Cooperation required. All state and local government entities, agencies, departments, and law enforcement agencies 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.

Section 3. Waiver of sovereign immunity. Any state or local government entity, agency, department, or law enforcement agency in violation of Section 1 or Section 2 shall be subject to a waiver of sovereign immunity in all matters relating to the violation of Section 1 or Section 2. All state or local officials and employees within a state or local government entity, agency, department, or law enforcement agency in violation of Section 1 or Section 2 shall be subject to a waiver of governmental immunity in all matters relating to the violation of Section 1 or Section 2.

Section 4. Enforcement. The Attorney General shall investigate any state or local government entity, agency, department, or law enforcement agency alleged to be in violation of this Code section and prosecute the violating local or state official or employee to the fullest extent permitted by law.

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