Republican lawmakers in Arkansas are pushing legislation that would mandate ICE cooperation and enhance penalties for criminal illegal immigrants in the state.
The Defense Against Criminal Illegals Act, SB426, is being led by Senate President Pro Tempore Bart Hester and state Rep. Frances Cavenaugh, both Republicans. The legislation seeks to introduce three changes to the fight against illegal immigrants in Arkansas.
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It would establish “enhanced penalties” for illegal immigrants who commit serious felonies involving violence, ensure that local law enforcement participates in the Warrant Service Officer program to cooperate with ICE, and expand the state ban on sanctuary cities to include unincorporated areas and counties, according to the bill text.
Penalties against illegal immigrants would be “enhanced” by seeing them raised one level, stemming from an unclassified felony all the way up to a Class Y felony, the legislation reads.
If an illegal immigrant is convicted of an unclassified felony, it would be raised to a Class D felony, and if an illegal immigrant is convicted of a Class Y felony, an additional period of imprisonment of up to 10 years would be added to their sentence.
“Violent, criminal illegals have no place in Arkansas. Under this administration, we will make sure they are held accountable,” Republican Gov. Sarah Huckabee Sanders said Monday, according to a report.
“We know that there are thousands of illegals who are here in our state illegally, but one is too many. When they are a violent criminal, we want to make sure that those individuals are not operating in our community. that’s one of the reasons this legislation is important.”
The Defense Against Criminal Illegals Act would also affect local law enforcement, jails, and correctional facilities in Arkansas.
Under the Warrant Service Officer Program, state and local law enforcement officers would “serve and execute administrative warrants under the Immigration and Nationality Act, 8 U.S.C.”
Officers would be trained by and approved to act as immigration officers by ICE, and illegal immigrants in criminal custody would be released to ICE at the time of their scheduled release.
Arkansas Department of Corrections officials and every county sheriff in charge of a county jail would be mandated to participate in the Warrant Service Officer Program, according to the report.
Any city, county, incorporated town, or local subdivision that defies the Defense Against Criminals Illegals Act would risk losing state funding.
“A local government that enacts or adopts a sanctuary policy is ineligible for discretionary moneys provided through funds or grants administered by the state until the sanctuary policy is repealed or no longer in effect,” according to the legislation.
The legislation was introduced on March 11 and was referred to the Arkansas Senate judiciary committee.