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H 8347Police & Prisons

State Affairs and Government - Restrictions on State and Municipal Cooperation with Civil Immigration Enforcement

This legislation prohibits state and local police from using resources or sharing non-public information to assist federal civil immigration enforcement.

Held for study
Population
Affected
25
Email Legislator
Introduced Mar 25, 2026Committee House Judiciary

Plain-English Summary

This bill prohibits Rhode Island state and local law enforcement agencies from voluntarily cooperating with federal civil immigration enforcement. It prevents these agencies from entering into agreements to deputize officers as immigration agents and bans the use of local resources, facilities, or personnel to assist in civil immigration matters. Specifically, police cannot hold individuals on civil detainers or share non-public release dates with federal agents without a judicial warrant, unless the individual is charged with a capital offense. The bill aims to separate local policing duties from federal immigration enforcement.

For younger readers

This bill makes a new rule for police officers in Rhode Island. It says that local police cannot help federal agents catch people just because those people might be in the country without permission. The police are supposed to focus on stopping crimes, not on checking immigration papers. Unless a judge signs a special order called a warrant, the police cannot keep people in jail for immigration agents or tell the agents when someone is getting out of jail. This helps keep local police work separate from federal immigration work.

Who & Where It Applies

Impacted groups
Undocumented immigrantsState and municipal law enforcement agenciesDepartment of CorrectionsFederal immigration authorities (ICE)State taxpayers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects immigrant communities from deportation and family separation by ending voluntary local cooperation with federal immigration enforcement, thereby fostering greater trust between these communities and local police.
  • Prevents the use of state and municipal tax dollars and resources to enforce federal civil immigration policies, ensuring funds remain focused on local community needs.
  • Upholds due process and civil liberties by requiring a judicial warrant for detention or information sharing, reducing the likelihood of racial profiling and unconstitutional detentions.
  • Includes an exception allowing cooperation if a detainee is charged with a capital offense, which some progressives may view as a violation of the principle of equal protection and due process for all individuals regardless of the charge.
  • Relies on civil litigation by aggrieved individuals for enforcement, which places the burden and cost of accountability on the victims rather than establishing an independent oversight body with automatic penalties.
  • Does not explicitly provide funding for legal counsel for immigrants, leaving those who are detained or facing proceedings without guaranteed legal representation.
For Conservatives
  • Asserts state sovereignty under the Tenth Amendment by invoking the anti-commandeering doctrine, ensuring the federal government cannot force the state to execute federal regulatory programs.
  • Protects local taxpayers by prohibiting the use of state and municipal funds to perform duties that are the fiscal and operational responsibility of the federal government.
  • Upholds a strict interpretation of the Fourth Amendment by requiring judicial warrants from a court of competent jurisdiction before individuals can be detained or searched.
  • Undermines the rule of law and national security by obstructing federal authorities from enforcing immigration statutes and removing individuals present in the country illegally.
  • Prevents local law enforcement from notifying federal agents when potentially dangerous individuals are being released from custody, potentially endangering the community.
  • Establishes Rhode Island as a "sanctuary state," which may encourage increased illegal immigration to the state and strain other social services.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 72 additions

SECTION 1. Legislative intent.

(1) The general assembly finds that enforcement of federal civil immigration law is a federal function.

(2) This act is intended to decline voluntary participation in federal civil immigration enforcement, pursuant to the Tenth Amendment of the United States Constitution, and consistent with the anti-commandeering doctrine.

(3) Nothing in this act shall be construed to:

(i) Prohibit compliance with a judicial warrant or court order issued by a court of competent jurisdiction;

(ii) Prohibit communication of information regarding citizenship or immigration status as otherwise required by law;

(iii) Interfere with the execution of federal law by federal officers acting within the scope of their lawful authority; or

(iv) Prevent state or local cooperation in the investigation or prosecution of criminal offenses. For the avoidance of doubt, immigration status alone, including status as an undocumented individual resulting from unlawful entry, unlawful reentry, or failure to depart, or lawful presence in the United States as a nonimmigrant visa holder, refugee, asylee, or lawful permanent resident, shall not be considered a "criminal offense" or "violation of criminal law," as used in this act.

SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 42-161.1-1. Definitions. As used in this chapter:

(1) "Administrative warrant" means a warrant of removal/deportation or a warrant for arrest signed by an immigration agent, which is not a judicial warrant.

(2) "Assist" or "cooperate" means to expend state or local resources for the primary purpose of facilitating civil immigration enforcement.

(3) "Civil immigration detainer" means a detainer issued by U.S. Immigration and Customs Enforcement, a component of the Department of Homeland Security, pursuant to 8 CFR 287.7.

(4) "Civil immigration enforcement" means the investigation, detention, transfer, or removal of noncitizens under federal immigration law.

(5) "Immigration agent" means any officer, employee, or authorized representative of a federal agency charged with enforcement of federal civil immigration laws.

(6) "In custody" means detained, arrested, incarcerated, or otherwise deprived of liberty by a law enforcement agency.

(7) "Judicial warrant" or "court order" means a lawful judicial warrant or court order signed by a judge appointed pursuant to Article III of the United States Constitution, or a United States district court magistrate, that authorizes the specific action requested.

(8) "Law enforcement agency" means an agency of the state or of a unit of local government charged with enforcement of state, or municipal laws, or with managing custody of detained persons in the state; or with probation and parole; and includes state and municipal prosecutors, their employees and agents.

(9) "Law enforcement official" means any individual with the power to arrest or detain individuals, including law enforcement officers, correctional officers, division of sheriffs, probation officers, and others employed or designated by a law enforcement agency.

(10) "Non-public information" means information not otherwise available to the general public through official public records or routine public access. 42-161.1-2. Limitations on use of state resources.

(a) No state agency, office, department, or other unit of state government, and no unit of local government, or their subdivisions, may enter into or renew any agreement under 8 U.S.C. § 1357(g) or any similar intergovernmental service agreement, contract, or policy, formal or informal, for the purpose of civil immigration enforcement, processing, detention, housing, or removal.

(b) Except as required by federal or state law, or upon presentation of a valid judicial warrant or court order, no law enforcement agency, or law enforcement official acting in an official capacity, shall:

(1) Participate in, assist, or cooperate with an immigration agent in the enforcement of civil immigration laws;

(2) Provide an immigration agent nonconsensual access, whether in person, by telephone, electronically, or otherwise, to any individual in the custody of the agency for purposes of civil immigration enforcement interviews;

(3) Transfer or otherwise facilitate the transfer of any individual into the custody of an immigration agent;

(4) Permit the use of personnel facilities, equipment, property, non-public information, or other resources by an immigration agent for purposes of civil immigration enforcement;

(5) Allow immigration agents use of secure facilities, non-public office space, or non- public law enforcement databases for civil immigration enforcement purposes;

(6) Disclose non-public information in response to a request from a federal immigration agent regarding an individual in the custody of the agency for purposes of civil immigration enforcement; or

(7) Provide advance notification of release dates, transfer dates, or custodial status changes where such information is non-public and requested for purposes of civil immigration enforcement.

(c) A law enforcement agency, or law enforcement official acting in an official capacity, may provide advance notice of a release date to a civil immigration officer only if the detainee is charged with a capital offense.

(d) Nothing in this section shall preclude a law enforcement official from otherwise executing that official's duties in investigating violations of criminal law and cooperating in such investigations with federal and other law enforcement agencies. 42-161.1-3. No extension of custody.

(a) A law enforcement agency shall not detain an individual or extend an individual's detention beyond the time the individual would otherwise be released solely for purposes of civil immigration enforcement, absent a judicial warrant or court order.

(b) A civil immigration detainer, administrative warrant, or request for notification shall not constitute probable cause for continued detention under Rhode Island law. 42-161.1-4. Remedies.

(a) Any person aggrieved by a violation of this chapter may bring a civil action for declaratory and equitable relief.

(b) A prevailing plaintiff shall be entitled to reasonable attorneys' fees and costs. 42-161.1-5. Severability. If any provision of this chapter, or the application thereof, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.

SECTION 3. This act shall take effect upon passage.