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What Is Arkansas' Law on sanctuary cities?
Recent headlines have brought the issue of "sanctuary cities" to the forefront of national conversation. With United States Attorney General Pam Bondi reportedly sending letters to various cities and states, it is understandable that Arkansans are seeking clarity on this issue and what it means for our state.
A "sanctuary city" is a locality that has policies in place designed to limit its cooperation with federal immigration enforcement. These policies can vary but often involve local law enforcement restricting how they will inquire about a person's immigration status or detain individuals based on federal immigration detainers.
Arkansans need to understand that Arkansas has already taken a firm stance against sanctuary city policies. In 2019, our state enacted Arkansas Code § 14-1-103, which explicitly prohibits municipalities from adopting a "sanctuary policy."
This law defines several specific actions that would constitute a sanctuary policy, including:
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Limiting or prohibiting communication or cooperation with federal agencies or officials to verify or report a person's immigration status.
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Granting any form of "lawful presence or status" to individuals who are in the country unlawfully.
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Violating federal statutes related to information sharing about immigration status.
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Restricting cooperation with U.S. Immigration and Customs Enforcement (ICE) detainers or other requests.
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Requiring ICE to obtain a warrant or demonstrate more than probable cause before complying with detainers.
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Prohibiting local officials from inquiring about an individual's citizenship or immigration status.
The Arkansas law also states that any municipality found to have such a policy would become ineligible for discretionary state funds or grants until the policy is repealed. This serves as a strong incentive for all municipalities to comply with the state law.
What about the recent headlines and letters from Attorney General Bondi? The letters sent by U.S. Attorney General Bondi signal a renewed focus on immigration enforcement at the federal level. Her office's actions, including sending these letters, are intended to put pressure on jurisdictions that have policies that may conflict with federal immigration law. Some reports indicate she is threatening legal action and the withholding of federal funds for non-compliance.
This federal action, while a national story, reinforces the position already taken by Arkansas. Our state law aligns with the federal government's stance, ensuring that local authorities are not obstructing federal immigration enforcement.
Therefore, while the national conversation around sanctuary cities continues to evolve, Arkansans can be assured that our state has a clear legal framework in place. Arkansas's law promotes cooperation with federal authorities on immigration matters. It ensures that no city or county within our borders can adopt policies that would conflict with that framework.
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