Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 426 3
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By: Senator Hester 5
By: Representatives Cavenaugh, R. Burkes 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE DEFENSE AGAINST CRIMINAL 9
ILLEGALS ACT; TO ESTABLISH ENHANCED PENALTIES FOR 10
ILLEGAL ALIENS WHO COMMIT SERIOUS FELONIES INVOLVING 11
VIOLENCE; TO ENSURE THAT SHERIFF'S OFFICES AND THE 12
DIVISION OF CORRECTION CAN PARTICIPATE IN THE WARRANT 13
SERVICE OFFICER PROGRAM; TO EXPAND THE STATE'S 14
CURRENT BAN ON SANCTUARY CITIES TO INCLUDE COUNTIES 15
AND UNINCORPORATED AREAS; AND FOR OTHER PURPOSES. 16
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Subtitle 19
TO CREATE THE DEFENSE AGAINST CRIMINAL 20
ILLEGALS ACT; AND TO ESTABLISH ENHANCED 21
PENALTIES FOR ILLEGAL ALIENS WHO COMMIT 22
SERIOUS FELONIES INVOLVING VIOLENCE. 23
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. DO NOT CODIFY. Title. 27
This act shall be known and may be cited as the "Defense Against 28
Criminal Illegals Act". 29
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SECTION 2. Arkansas Code Title 5, Chapter 4, Subchapter 7, is amended 31
to add an additional section to read as follows: 32
5-4-708. Enhanced penalties for serious felonies involving violence 33
committed while in the country illegally — Definition. 34
(a) As used in this section, “serious felony involving violence” 35
means: 36 SB426
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(1) Murder in the first degree, § 5 -10-102; 1
(2) Murder in the second degree, § 5 -10-103; 2
(3) Battery in the first degree, § 5 -13-201; 3
(4) Aggravated assault, § 5 -13-204; 4
(5) Terroristic threatening, § 5 -13-301, if a felony; 5
(6) Terroristic act, § 5 -13-310; 6
(7) Causing a catastrophe, § 5 -38-202(a); 7
(8) Arson, § 5-38-301; 8
(9) Terrorism, § 5-54-205; 9
(10) A felony offense under § 5 -54-201 et seq.; 10
(11) Criminal use of prohibited weapons, § 5 -73-104, involving 11
an activity making the offense punishable by a Class B felony; 12
(12) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 13
or 14
(13) A felony attempt, solicitation, or conspiracy to commit an 15
offense listed in this subsection, if the attempt, solicitation, or 16
conspiracy constitutes a felony. 17
(b) A person is subject to an enhanced penalty for a serious felony 18
involving violence in this state if the person was illegally or unlawfully in 19
the United States at the time that the serious felony involving violence was 20
committed in this state. 21
(c) The enhanced penalty under this section is as follows: 22
(1) If the person is convicted of an unclassified felony, the 23
offense shall be a Class D felony; 24
(2) If the person is convicted of a Class D felony, the offense 25
shall be a Class C felony; 26
(3) If the person is convicted of a Class C felony, the offense 27
shall be a Class B felony; 28
(4) If the person is convicted of a Class B felony, the offense 29
shall be a Class A felony; 30
(5) If the person is convicted of a Class A felony, the offense 31
shall be a Class Y felony; and 32
(6) If the person is convicted of a Class Y felony, an 33
additional period of imprisonment of at least two (2) years but no more than 34
ten (10) years. 35
(d)(1) To seek an enhanced penalty established in this section, a 36 SB426
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prosecuting attorney shall notify the defendant in writing that the defendant 1
is subject to the enhanced penalty. 2
(2) If the defendant is charged by information or indictment, 3
the prosecuting attorney may include the written notice in the information or 4
indictment. 5
(e) The enhanced portion of the sentence is consecutive to any other 6
sentence imposed. 7
(f) Any person convicted under this section is not eligible for early 8
release on parole, transfer to post -release supervision, or community 9
correction transfer for the enhanced portion of the sentence. 10
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SECTION 3. Arkansas Code Title 12, Chapter 27, Subchapter 1, is 12
amended to add an additional section to read as follows: 13
12-27-152. Division of Correction participation in the Warrant Service 14
Officer Program — Definition. 15
(a) As used in this section, "Warrant Service Officer Program" means 16
the program of the United States Immigration and Customs Enforcement 17
authorizing state and local law enforcement officers to serve and execute 18
administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 19
1357(g), as it existed on January 1, 2025. 20
(b) The Division of Correction shall: 21
(1) Apply to participate in the Warrant Service Officer Program; 22
(2) Upon a successful application, enter into an agreement with 23
United States Immigration and Customs Enforcement for participation in the 24
Warrant Service Officer Program; and 25
(3) Renew the agreement upon the expiration of the agreement. 26
(c) If the division applies to participate in the Warrant Service 27
Officer Program and is denied, the division shall: 28
(1) Ascertain from the United States Customs and Immigration 29
Enforcement the reason for the denial of the division's application; 30
(2) Make a good faith effort to address and remedy the reason 31
for the denial of the application; and 32
(3) Reapply to participate in the Warrant Service Officer 33
Program. 34
(d)(1) If the division applies to participate in the Warrant Service 35
Officer Program and is continually denied, the division may apply for a 36 SB426
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waiver from the state. 1
(2) The Division of Correction shall promulgate rules for the 2
process of obtaining a waiver from the state under subdivision (d)(1) of this 3
section. 4
5
SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 5, is 6
amended to add an additional section to read as follows: 7
12-41-512. Participation in Warrant Service Officer Program by county 8
sheriff in charge of a county jail — Definition. 9
(a) As used in this section, "Warrant Service Officer Program" means 10
the program of the United States Immigration and Customs Enforcement 11
authorizing state and local law enforcement officers to serve and execute 12
administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 13
1357(g), as it existed on January 1, 2025. 14
(b) A county sheriff in charge of a county jail shall: 15
(1) Apply to participate in the Warrant Service Officer Program; 16
(2) Upon a successful application, enter into an agreement with 17
United States Immigration and Customs Enforcement for participation in the 18
Warrant Service Officer Program; and 19
(3) Renew the agreement upon the expiration of the agreement. 20
(c)(1) A county sheriff in charge of a county jail may choose to 21
participate in the Jail Enforcement Model. 22
(2) If a county sheriff in charge of a county jail participates 23
in the Jail Enforcement Model, the county sheriff in charge of a county jail 24
is exempt from the requirements under this section to participate in the 25
Warrant Service Officer Model or the Warrant Service Officer Program. 26
(d) If a county sheriff in charge of a county jail applies to 27
participate in the Warrant Service Officer Program and is denied, he or she 28
shall: 29
(1) Ascertain from the United States Customs and Immigration 30
Enforcement the reason for the denial of his or her application; 31
(2) Make a good faith effort to address and remedy the reason 32
for the denial of the application; and 33
(3) Apply again to participate in the Warrant Service Officer 34
Program. 35
(e)(1) If a county sheriff in charge of a county jail applies to 36 SB426
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participate in the Warrant Service Officer Program and is continually denied, 1
he or she may apply for a waiver from the state. 2
(2) The Division of Correction shall promulgate rules for the 3
process of obtaining a waiver from the state under subdivision (e)(1) of this 4
section. 5
6
SECTION 5. Arkansas Code § 14 -1-103 is amended to read as follows: 7
14-1-103. Sanctuary policies prohibited — Definition. 8
(a)(1) A municipality local government shall not enact or adopt a 9
sanctuary policy. 10
(2) A municipality local government that enacts or adopts a 11
sanctuary policy is ineligible for discretionary moneys provided through 12
funds or grants administered by the state until the sanctuary policy is 13
repealed or no longer in effect. 14
(b) As used in this section ,: 15
(1) "Local government" means: 16
(A) A county; 17
(B) A city of the first class, a city of the second class, 18
or an incorporated town; or 19
(C) Any other political subdivision of the state; and 20
(2) “sanctuary Sanctuary policy” means an order, ordinance, or 21
law enforcement policy, whether formally enacted or informally adopted by 22
custom or practice, that: 23
(1)(A) Limits or prohibits a municipal local government official 24
or person employed by the municipality local government from communicating or 25
cooperating with federal agencies or officials to verify or report the 26
immigration status of a person within the municipality local government; 27
(2)(B) Grants to illegal immigrants the right to lawful presence 28
or status within the municipality local government in violation of federal 29
law; 30
(3)(C) Violates 8 U.S.C. § 1373, as in effect January 1, 2019; 31
(4)(D) Restricts or imposes any conditions upon the 32
municipality's local government's cooperation or compliance with detainers or 33
other requests from United States Immigration and Customs Enforcement to 34
maintain custody of an immigrant or to transfer an immigrant to the custody 35
of United States Immigration and Customs Enforcement; 36 SB426
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(5)(E) Requires United States Immigration and Customs 1
Enforcement to obtain a warrant or demonstrate more than probable cause 2
before complying with detainers or other legal and valid requests from United 3
States Immigration and Customs Enforcement to maintain custody of an 4
immigrant or to transfer an immigrant to the custody of United States 5
Immigration and Customs Enforcement; or 6
(6)(F) Prevents law enforcement officers from asking a person 7
about his or her citizenship or immigration status. 8
(c)(1) Upon receiving a complaint from a resident of the state of a 9
violation of this section by a municipality local government, the Attorney 10
General shall issue an opinion stating whether the municipality local 11
government is in violation of this section. 12
(2) If the Attorney General issues an opinion stating that the 13
municipality local government has enacted or adopted a sanctuary policy that 14
violates this section, the municipality local government is ineligible to 15
receive discretionary moneys provided through funds or grants administered by 16
the state until the Attorney General certifies that the sanctuary policy is 17
repealed or no longer in effect. 18
(d)(1) Before the provision of funds or the award of grants is made to 19
a municipality local government, a member of the General Assembly may request 20
that the Attorney General issue an opinion stating whether the municipality 21
local government has current policies in violation of this section. 22
(2) A municipality local government deemed ineligible for 23
discretionary moneys under this section is ineligible to receive 24
discretionary moneys provided through funds or grants administered by the 25
state until the Attorney General certifies that the municipality local 26
government is in full compliance with this section. 27
(e) A municipality local government may appeal a decision of the 28
Attorney General under this section to the Pulaski County Circuit Court. 29
(f) Records created in connection with administrative investigations 30
related to this section are not subject to the Freedom of Information Act of 31
1967, § 25-19-101 et seq. 32
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