Senate Bill No. 868, titled the Prohibition on Sanctuary Policies for Illegal Immigration Act, aims to enforce compliance with federal immigration laws by prohibiting state and local entities from adopting sanctuary policies that impede cooperation with federal immigration agencies. The bill defines key terms such as "sanctuary policy," "immigration detainer," and "law enforcement agency," and mandates that these entities support federal immigration enforcement. It also requires county correctional facilities to enter into agreements with federal immigration agencies for the housing of individuals subject to immigration detainers and outlines the procedures for securely transporting such individuals to federal custody.
The bill establishes penalties for violations, allowing the Governor to initiate judicial proceedings against non-compliant officials and suspend state funding to local entities that fail to adhere to the law. Additionally, it clarifies that law enforcement agencies cannot unlawfully detain individuals solely based on their immigration status if they are victims or witnesses of certain crimes. The act is set to take effect on November 1, 2025.