Senate passes bill requiring sheriffs to enforce ICE detainers
Taxpayers would foot the bill for legal challenges under the new immigration measure.
TOPEKA, Kan. — Local law enforcement would be mandated to cooperate with federal immigration authorities under a bill passed by the Kansas Senate. S Sub HB 2372 cleared the chamber on a 31-9 vote, requiring county sheriffs who operate jails to enforce detainers issued by U.S. Immigration and Customs Enforcement (ICE).
The GOP-backed legislation represents a hardline state-level stance on border security and undocumented immigration, ensuring local municipalities cannot adopt "sanctuary" policies. Recognizing the legal risks involved, the bill requires the state to provide legal representation via the Attorney General and pay certain judgments in federal civil actions resulting from the detainments.
Democrats condemned the measure as an overreach that weaponizes local police. Sen. Cindy Holscher (D-Overland Park) voted against the bill, calling it an "unfunded mandate" that shifts legal and financial responsibilities onto Kansas taxpayers. She warned that local agencies are already "stretched thin" and that the expansion of detention authority brings an "increased risk of wrongful detention and due process violations".
Because the Senate passed a substitute version of the original House bill, S Sub HB 2372 now heads back to the Kansas House. Representatives must now decide whether to concur with the Senate's sweeping changes or nonconcur and request a conference committee to negotiate the final language before it can be sent to the governor's desk.
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