SB426, misleadingly titled the “Defense Against Criminal Illegals Act,” is a sweeping overreach that forces Arkansas law enforcement to act as federal immigration agents, expands the state’s ban on sanctuary policies, and threatens local governments with financial penalties for not fully complying with federal immigration enforcement.
What This Bill Does
- Forces the Arkansas Division of Correction (DOC) and all county sheriffs to apply for and participate in ICE’s Warrant Service Officer Program (WSOP), deputizing local officers to enforce federal immigration laws.
- Eliminates local discretion by making counties and cities ineligible for state grants if they refuse to comply with ICE detainer requests or sanctuary policy bans.
- Prevents local law enforcement from requiring a judicial warrant before honoring ICE requests, increasing the risk of wrongful detentions and racial profiling.
- Strips transparency by exempting certain records from public disclosure under the Freedom of Information Act (FOIA), making it harder to hold law enforcement accountable.
Why SB426 is Harmful
- SB426 coerces local law enforcement into enforcing federal immigration laws, taking resources away from community policing and diverting officers from handling local crimes like violent offenses, drug-related crimes, and property theft. Police officers should focus on protecting communities, not acting as federal immigration agents.
- Cities and counties that do not fully cooperate with ICE — even if they believe it is in the best interest of public safety — will lose access to state funds and grants. This threatens essential local services and forces compliance through financial coercion rather than sound public policy.
- Not all Arkansas counties have the same needs. What works for one city may not work for another. This bill eliminates local control by mandating unnecessary policies even in areas with no significant immigrant populations. Local officials, not state politicians, should determine the best policies for their communities.
- By forcing police officers to inquire about immigration status and eliminating the need for judicial warrants, SB426 increases the likelihood of racial profiling and wrongful detentions. People could be held in jail without due process, violating constitutional rights and exposing local governments to costly lawsuits.
- The bill shields certain records from FOIA requests, making it harder for the public to hold law enforcement accountable for wrongful detentions, racial profiling, or abuses of power. This undermines government transparency and public trust.
SB426 is an overreaching, unnecessary, and harmful law that forces local police to do ICE’s job, undermines local decision-making, and threatens community safety by diverting resources away from real law enforcement needs. It does nothing to improve public safety and only serves to intimidate and marginalize communities while increasing the risk of civil rights violations.
The ACLU of Arkansas strongly opposes SB426 and urges lawmakers to reject this dangerous expansion of government control.
