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Bill > SB2114

MS SB2114

MS SB2114
Immigration; criminalize illegal entry and require cooperation with federal authorities.

summary

Introduced
01/09/2026
In Committee
02/16/2026
Crossed Over
02/10/2026
Passed
04/06/2026
Dead

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

An Act To Define Terms; To Authorize The Department Of Public Safety To Determine The Number And Identities Of All Illegal Aliens Residing In The State Of Mississippi; To Direct The Department Of Public Safety To Enforce The Immigration Laws As Authorized Pursuant To Federal Laws And The Laws Of This State; To Require The Department Of Public Safety To Execute A Memorandum Of Agreement With The United States Immigration And Customs Enforcement Agency As Soon As Possible; To Require Each Law Enforcement Agency Operating A County Detention Facility To Execute A Written Agreement With The United States Immigration And Customs Enforcement Agency To Participate In The Immigration Program Established Under Section 287(g); To Provide A Felony Offense For A Person Who Is An Alien, Regardless Of National Origin, And Enters Or Attempts To Enter This State Directly From A Foreign Nation At Any Location Other Than A Lawful Port Of Entry; To Provide A Felony Offense, In Addition To Any Existing Penalty For The Underlying Crime, For A Person Who Is Arrested For Certain Criminal Offenses And Is Determined To Be An Illegal Alien, Regardless Of National Origin, And Unlawfully Present In The United States; To Authorize A Sentencing Court To Issue A Written Order Discharging The Person And Requiring Said Individual To Return To His Or Her Country Of Origin; To Direct The Court To Remand The Person Subject To The Order To The Custody Of The Department Of Corrections; To Require The Department Of Corrections To Notify The United States Customs And Border Protection Of The Department Of Homeland Security To Arrange Transportation For The Repatriation Of The Person Back To His Or Her Country Of Origin; To Provide Certain Affirmative Defenses To Prosecution Under This Act; To Provide That A Defendant Charged Or Convicted Under This Act Is Not Eligible For Expunction, An Intensive Supervision Program, Nonadjudication, Parole, Or Any Early Release Program; To Provide For Severability; And For Related Purposes.

AI Summary

This bill establishes new criminal offenses and enforcement mechanisms related to immigration in Mississippi. It directs the Department of Public Safety to determine the number and identities of undocumented immigrants within the state and to enforce immigration laws in cooperation with federal authorities, specifically requiring agreements with U.S. Immigration and Customs Enforcement (ICE) under Section 287(g) of the Immigration and Nationality Act, which allows state and local law enforcement to perform immigration enforcement functions. The bill creates a misdemeanor for entering Mississippi directly from a foreign nation outside of a lawful port of entry, and a felony for being an undocumented immigrant convicted of certain crimes, with enhanced penalties for violent crimes or sex offenses. It also outlines affirmative defenses to these charges, such as having lawful federal immigration status or asylum, and prohibits defendants charged or convicted under this act from accessing expunction, nonadjudication, parole, or early release programs. The bill will take effect on July 1, 2026, and will be repealed on July 1, 2028.

Committee Categories

Justice

Sponsors (4)

Last Action

Due From Governor 04/13/26 (on 04/07/2026)

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