Stricken language would be deleted from and underlined language would be added to present law.
Act 654 of the Regular Session
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State of Arkansas As Engrossed: S3/20/25 S4/1/25 S4/2/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 426 3
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By: Senators Hester, J. Boyd, J. Dismang, Flippo, B. Johnson, Stone, G. Stubblefield, D. Sullivan 5
By: Representatives Cavenaugh, R. Burkes, Barker, Beck, Bentley, S. Berry, Breaux, A. Brown, K. Brown, 6
M. Brown, Joey Carr, Childress, C. Cooper, Cozart, Crawford, Furman, Gazaway, Gonzales, Holcomb, 7
Jean, McNair, Milligan, J. Moore, Nazarenko, Painter, Puryear, Richmond, M. Shepherd, Torres, Tosh, 8
Underwood, Unger, Walker 9
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For An Act To Be Entitled 11
AN ACT TO CREATE THE DEFENSE AGAINST CRIMINAL 12
ILLEGALS ACT; TO ESTABLISH ENHANCED PENALTIES FOR 13
ILLEGAL ALIENS WHO COMMIT SERIOUS FELONIES INVOLVING 14
VIOLENCE; TO ENSURE THAT SHERIFF'S OFFICES AND THE 15
DIVISION OF CORRECTION CAN PARTICIPATE IN THE WARRANT 16
SERVICE OFFICER PROGRAM; TO EXPAND THE STATE'S 17
CURRENT BAN ON SANCTUARY CITIES TO INCLUDE COUNTIES 18
AND UNINCORPORATED AREAS; AND FOR OTHER PURPOSES. 19
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Subtitle 22
TO CREATE THE DEFENSE AGAINST CRIMINAL 23
ILLEGALS ACT; AND TO ESTABLISH ENHANCED 24
PENALTIES FOR ILLEGAL ALIENS WHO COMMIT 25
SERIOUS FELONIES INVOLVING VIOLENCE. 26
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
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SECTION 1. DO NOT CODIFY. Title. 30
This act shall be known and may be cited as the "Defense Against 31
Criminal Illegals Act". 32
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SECTION 2. Arkansas Code Title 5, Chapter 4, Subchapter 7, is amended 34
to add an additional section to read as follows: 35
5-4-708. Enhanced penalties for serious felonies involving violence 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
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committed while in the country illegally — Definition. 1
(a) As used in this section, “serious felony involving violence” 2
means: 3
(1) Murder in the first degree, § 5 -10-102; 4
(2) Murder in the second degree, § 5 -10-103; 5
(3) Battery in the first degree, § 5 -13-201; 6
(4) Aggravated assault, § 5 -13-204; 7
(5) Terroristic threatening, § 5 -13-301, if a felony; 8
(6) Terroristic act, § 5 -13-310; 9
(7) Rape, § 5-14-103; 10
(8) Causing a catastrophe, § 5 -38-202(a); 11
(9) Arson, § 5-38-301; 12
(10) Terrorism, § 5-54-205; 13
(11) A felony offense under § 5 -54-201 et seq.; 14
(12) Criminal use of prohibited weapons, § 5 -73-104, involving 15
an activity making the offense punishable by a Class B felony; 16
(13) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 17
or 18
(14) A felony attempt, solicitation, or conspiracy to commit an 19
offense listed in this subsection, if the attempt, solicitation, or 20
conspiracy constitutes a felony. 21
(b) A person is subject to an enhanced penalty for a serious felony 22
involving violence in this state if the person was illegally or unlawfully in 23
the United States at the time that the serious felony involving violence was 24
committed in this state. 25
(c) The enhanced penalty under this section is as follows: 26
(1) If the person is convicted of a Class D felony or an 27
unclassified felony with a maximum authorized term of imprisonment that does 28
not exceed six (6) years, the enhanced penalty shall be an additional term of 29
years not to exceed four (4) years; 30
(2) If the person is convicted of a Class C felony, a Class B 31
felony, a Class A felony, or an unclassified felony with a maximum authorized 32
term of imprisonment that is greater than six (6) years, but does not exceed 33
thirty (30) years, the enhanced penalty shall be an additional term of years 34
not to exceed ten (10) years; and 35
(3) If the person is convicted of a Class Y felony or an 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
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unclassified felony with a maximum authorized term of imprisonment that 1
exceeds thirty (30) years or that includes a life sentence, the enhanced 2
penalty shall be an additional term of years not to exceed twenty (20) years. 3
(d)(1) To seek an enhanced penalty established in this section, a 4
prosecuting attorney shall notify the defendant in writing that the defendant 5
is subject to the enhanced penalty. 6
(2) If the defendant is charged by information or indictment, 7
the prosecuting attorney may include the written notice in the information or 8
indictment. 9
(e) The enhanced portion of the sentence is consecutive to any other 10
sentence imposed. 11
(f) Any person convicted under this section is not eligible for early 12
release on parole, transfer to post -release supervision, or community 13
correction transfer for the enhanced portion of the sentence. 14
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SECTION 3. Arkansas Code Title 12, Chapter 27, Subchapter 1, is 16
amended to add an additional section to read as follows: 17
12-27-152. Division of Correction participation in the Warrant Service 18
Officer Program — Definition. 19
(a) As used in this section, "Warrant Service Officer Program" means 20
the program of the United States Immigration and Customs Enforcement 21
authorizing state and local law enforcement officers to serve and execute 22
administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 23
1357(g), as it existed on January 1, 2025. 24
(b) The Division of Correction shall: 25
(1) Apply to participate in the Warrant Service Officer Program; 26
(2) Upon a successful application, enter into an agreement with 27
United States Immigration and Customs Enforcement for participation in the 28
Warrant Service Officer Program; and 29
(3) Renew the agreement upon the expiration of the agreement. 30
(c) If the division applies to participate in the Warrant Service 31
Officer Program and is denied, the division shall: 32
(1) Ascertain from the United States Customs and Immigration 33
Enforcement the reason for the denial of the division's application; 34
(2) Make a good faith effort to address and remedy the reason 35
for the denial of the application; and 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
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(3) Reapply to participate in the Warrant Service Officer 1
Program. 2
(d)(1) If the division applies to participate in the Warrant Service 3
Officer Program and is continually denied, the division may apply for a 4
waiver from the state. 5
(2) The Division of Correction shall promulgate rules for the 6
process of obtaining a waiver from the state under subdivision (d)(1) of this 7
section. 8
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SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 5, is 10
amended to add an additional section to read as follows: 11
12-41-512. Participation in Warrant Service Officer Program by county 12
sheriff in charge of a county jail — Definition. 13
(a) As used in this section: 14
(1) "Jail Enforcement Model" means a model of the United States 15
Immigration and Customs Enforcement authorizing deputized state and local law 16
enforcement officers to interrogate a person for information relating to the 17
person's immigration status and to issue an immigration detainer under the 18
Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on January 19
1, 2025; and 20
(2) "Warrant Service Officer Program" means the program of the 21
United States Immigration and Customs Enforcement authorizing state and local 22
law enforcement officers to serve and execute administrative warrants under 23
the Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on 24
January 1, 2025. 25
(b) A county sheriff in charge of a county jail shall: 26
(1) Apply to participate in the Warrant Service Officer Program; 27
(2) Upon a successful application, enter into an agreement with 28
United States Immigration and Customs Enforcement for participation in the 29
Warrant Service Officer Program; and 30
(3) Renew the agreement upon the expiration of the agreement. 31
(c)(1) A county sheriff in charge of a county jail may choose to 32
participate in the Jail Enforcement Model. 33
(2) If a county sheriff in charge of a county jail participates 34
in the Jail Enforcement Model, the county sheriff in charge of a county jail 35
is exempt from the requirements under this section to participate in the 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
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Warrant Service Officer Model or the Warrant Service Officer Program. 1
(d) If a county sheriff in charge of a county jail applies to 2
participate in the Warrant Service Officer Program and is denied, he or she 3
shall: 4
(1) Ascertain from the United States Customs and Immigration 5
Enforcement the reason for the denial of his or her application; 6
(2) Make a good faith effort to address and remedy the reason 7
for the denial of the application; and 8
(3) Apply again to participate in the Warrant Service Officer 9
Program. 10
(e)(1) If a county sheriff in charge of a county jail applies to 11
participate in the Warrant Service Officer Program and is continually denied, 12
he or she may apply for a waiver from the state. 13
(2) The Division of Correction shall promulgate rules for the 14
process of obtaining a waiver from the state under subdivision (e)(1) of this 15
section. 16
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SECTION 5. Arkansas Code § 14 -1-103 is amended to read as follows: 18
14-1-103. Sanctuary policies prohibited — Definition. 19
(a)(1) A municipality local government shall not enact or adopt a 20
sanctuary policy. 21
(2) A municipality local government that enacts or adopts a 22
sanctuary policy is ineligible for discretionary moneys provided through 23
funds or grants administered by the state until the sanctuary policy is 24
repealed or no longer in effect. 25
(b) As used in this section ,: 26
(1) "Local government" means: 27
(A) A county; 28
(B) A city of the first class, a city of the second class, 29
or an incorporated town; or 30
(C) Any other political subdivision of the state; and 31
(2) “sanctuary Sanctuary policy” means an order, ordinance, or 32
law enforcement policy, whether formally enacted or informally adopted by 33
custom or practice, that: 34
(1)(A) Limits or prohibits a municipal local government official 35
or person employed by the municipality local government from communicating or 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
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cooperating with federal agencies or officials to verify or report the 1
immigration status of a person within the municipality local government; 2
(2)(B) Grants to illegal immigrants the right to lawful presence 3
or status within the municipality local government in violation of federal 4
law; 5
(3)(C) Violates 8 U.S.C. § 1373, as in effect January 1, 2019; 6
(4)(D) Restricts or imposes any conditions upon the 7
municipality's local government's cooperation or compliance with detainers or 8
other requests from United States Immigration and Customs Enforcement to 9
maintain custody of an immigrant or to transfer an immigrant to the custody 10
of United States Immigration and Customs Enforcement; 11
(5)(E) Requires United States Immigration and Customs 12
Enforcement to obtain a warrant or demonstrate more than probable cause 13
before complying with detainers or other legal and valid requests from United 14
States Immigration and Customs Enforcement to maintain custody of an 15
immigrant or to transfer an immigrant to the custody of United States 16
Immigration and Customs Enforcement; or 17
(6)(F) Prevents law enforcement officers from asking a person 18
about his or her citizenship or immigration status. 19
(c)(1) Upon receiving a complaint from a resident of the state of a 20
violation of this section by a municipality local government, the Attorney 21
General shall issue an opinion stating whether the municipality local 22
government is in violation of this section. 23
(2) If the Attorney General issues an opinion stating that the 24
municipality local government has enacted or adopted a sanctuary policy that 25
violates this section, the municipality local government is ineligible to 26
receive discretionary moneys provided through funds or grants administered by 27
the state until the Attorney General certifies that the sanctuary policy is 28
repealed or no longer in effect. 29
(d)(1) Before the provision of funds or the award of grants is made to 30
a municipality local government, a member of the General Assembly may request 31
that the Attorney General issue an opinion stating whether the municipality 32
local government has current policies in violation of this section. 33
(2) A municipality local government deemed ineligible for 34
discretionary moneys under this section is ineligible to receive 35
discretionary moneys provided through funds or grants administered by the 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
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state until the Attorney General certifies that the municipality local 1
government is in full compliance with this section. 2
(e) A municipality local government may appeal a decision of the 3
Attorney General under this section to the Pulaski County Circuit Court. 4
(f) Records created in connection with administrative investigations 5
related to this section are not subject to the Freedom of Information Act of 6
1967, § 25-19-101 et seq. 7
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/s/Hester 9
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APPROVED: 4/16/25 12
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