summary
Introduced
01/13/2026
01/13/2026
In Committee
01/21/2026
01/21/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
Create new sections of KRS Chapter 61 to define terms; prohibit state and local governmental entities from adopting sanctuary policies; require law enforcement agencies to use reasonable resources to support the enforcement of federal immigration law; prohibit policies which would restrict the sharing of information with federal immigration agencies; require compliance with federal requirements when a defendant subject to an immigration detainer has been sentenced in a criminal case; require correctional facilities to provide information regarding the date of discharge to federal immigration agencies and cooperate in the transfer of an inmate to federal custody; require completion of a sentence before an inmate may be transferred to federal custody in cases where the inmate is a violent offender; require a law enforcement agency to provide notice to a judge if a person in their custody is subject to an immigration detainer; require counties to endeavor to enter into agreements with federal immigration agencies regarding the housing of persons in county jails who are subject to immigration detainers; create a rebuttable presumption that a state or local officer who intentionally violates any of the provisions of the Act has committed malfeasance and neglect of duty and is subject to impeachment; allow the Attorney General to make findings that a local government has violated the Act; and to withhold road aid funding if the local government willfully violates the Act by refusing to cease a violation; create a private right of action against an official that has adopted a sanctuary policy; waive immunities when a person is injured by a person released as a result of a sanctuary policy; amend KRS 177.360 and 177.366 to require transfer of road aid moneys to be suspended upon notice by the Attorney General of willful violations by a local government and reinstated upon notice by the Attorney General of compliance; provide that the Act may be cited as the Lawful Immigration System Act of 2026.
AI Summary
This bill, titled the Lawful Immigration System Act of 2026, prohibits state and local government entities from adopting "sanctuary policies," which are defined as any law, policy, or practice that prevents law enforcement agencies from cooperating with federal immigration agencies or complying with immigration detainers. An "immigration detainer" is a formal request from a federal immigration agency to detain an individual believed to be removable from the United States. The bill mandates that law enforcement agencies use reasonable resources to support federal immigration law enforcement and prohibits policies that restrict sharing information with federal immigration agencies. It also requires correctional facilities to notify federal immigration agencies of an inmate's release date and cooperate in their transfer to federal custody, with a provision that violent offenders must complete their sentences before such transfer. Furthermore, law enforcement agencies must notify judges if a person in their custody is subject to an immigration detainer, and counties are encouraged to enter into agreements with federal immigration agencies for housing individuals with detainers. The bill establishes that intentionally violating its provisions by state or local officers creates a rebuttable presumption of malfeasance and neglect of duty, potentially leading to impeachment. The Attorney General is empowered to find local governments in violation and can withhold road aid funding if violations are willful, with reinstatement upon compliance. Finally, the bill creates a private right of action against officials who adopt sanctuary policies, waiving immunities for injuries caused by individuals released due to such policies, and amends existing laws to reflect the suspension and reinstatement of road aid funding based on the Attorney General's findings of willful violations.
Committee Categories
Justice
Sponsors (3)
Last Action
to Judiciary (H) (on 01/21/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://apps.legislature.ky.gov/record/26RS/hb361.html |
| Corrections Impact | https://apps.legislature.ky.gov/recorddocuments/note/26RS/hb361/CI.pdf |
| Local Mandate Fiscal Impact | https://apps.legislature.ky.gov/recorddocuments/note/26RS/hb361/LM.pdf |
| BillText | https://apps.legislature.ky.gov/recorddocuments/bill/26RS/hb361/orig_bill.pdf |
Loading...