Republican lawmakers are running a bill to increase penalties against unauthorized migrants in Arkansas and heighten immigration enforcement in the state.
Gov. Sarah Huckabee Sanders held a press conference with lawmakers and law enforcement to promote a bill to create “The Defense Against Criminal Illegals Act” on Monday. Senate Bill 426 is sponsored by Sen. Bart Hester, R-Cave Springs, and Rep. Frances Cavenaugh, R-Walnut Ridge.
Sanders has long supported President Donald Trump’s hardline stance against immigration. She referred to her experience visiting the southern border in February of last year.
“I listened to law enforcement talk about pulling bodies from the Rio Grande who were victims of violent cartels,” she said, adding she watched “hundreds” of migrants cross the border during that time.
Soon after her visit, Sanders deployed 40 members of the Arkansas National Guard to Texas to support border control operations. She previously sent 80 state National Guard members to the border in 2023.
Sanders praised Trump’s stance against immigration, saying “Arkansas will have his back.”
Senate Bill 426 first increases penalties for “serious felonies involving violence,” which includes first and second degree murder, terroristic acts or threats to commit terrorism, and participating in a conspiracy to commit a felony. Under the bill, people who are not authorized to be in the country at the time of committing an offense listed in the bill would have their punishment upgraded.
For example, an unclassified felony would be enforced as a class D felony, punishable by up to six years in prison and a fine of $10,000. Class D felonies would be raised to Class C, and so on.
Anyone convicted under this section would not be eligible for early release on parole or community correction transfers for their heightened sentences.
Cavenaugh said the bill would “also give law enforcement the tools they need to be able to compete to actually assist and help with [U.S. Immigration and Customs Enforcement].”
Under the bill, law enforcement officials would be required to apply to a federal program to increase cooperation with ICE. The 287(g) program was established in 1996 and allows ICE to delegate certain authorities to state and local law enforcement officers.
The bill mandates the state Division of Correction to apply to a model under 287(g) called the “Warrant Service Officer Program”. This allows ICE to train state and local law enforcement to serve warrants to unauthorized migrants held in their jail.
County sheriffs would also be required to apply, but would have the option to participate in a second program called the “Jail Enforcement Model,” which is designed to find and begin deportation proceedings for unauthorized migrants directly from the jail.
The bill also expands Arkansas’ ban on sanctuary cities, further clarifying that any unincorporated town or political subdivision is forbidden from blocking ICE officials from conducting activities in that area. Local governments that formally or informally adopt such policies would become ineligible for state funds until the policies are lifted.
Senate Bill 426 has been assigned to the Senate Judiciary committee for review.
