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S 2278Police & Prisons

State Affairs and Government - Detention for Federal Civil Immigration Violations

This bill bans Rhode Island government agencies from contracting to detain people for federal civil immigration violations, effective by mid-2026.

Held for study
Population
Affected
15
Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation prohibits the state of Rhode Island, its municipalities, and any associated agencies from entering into or renewing contracts to detain individuals solely for federal civil immigration violations. This ban extends to leasing public property for such purposes. additionally, the bill mandates that any government entity currently part of such an agreement must exercise termination clauses to end the detention of these individuals by July 1, 2026. Essentially, it stops Rhode Island facilities from being used to hold people for federal immigration authorities.

For younger readers

This law tells the government of Rhode Island and its towns that they are not allowed to make deals to keep people in jail just because they broke immigration rules. Sometimes, the federal government pays states to hold people who might be in the country without permission. This law stops any new deals like that from happening. Also, if there are already deals in place where Rhode Island is holding these people, the state has to stop doing it by July of 2026.

Who & Where It Applies

Impacted groups
Immigrants and their familiesMunicipal governmentsCorrectional facility staffFederal immigration authorities (ICE)Taxpayers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects immigrant communities by ending state complicity in the federal deportation pipeline, thereby fostering greater trust between residents and local government institutions.
  • Promotes human rights by refusing to participate in a detention system often criticized for separating families and maintaining inhumane conditions for those with civil infractions.
  • Prevents the "prison industrial complex" model where municipalities or state agencies prioritize profit generation through the incarceration of human beings.
  • Allows existing detention practices to continue for several years by setting a termination deadline of July 1, 2026, rather than demanding an immediate end to the contracts.
  • May result in detainees being transferred to facilities in other states that are further away from their families and legal support networks, rather than securing their release.
  • Does not explicitly prohibit all forms of cooperation or information sharing with federal immigration agents, potentially leaving other avenues for enforcement open.
For Conservatives
  • Reinforces the principle of federalism by asserting that state and local resources should not be commandeered to perform federal government duties.
  • Reduces potential legal liability for municipalities, as immigration detention facilities are frequently targets of costly lawsuits regarding civil rights and conditions of confinement.
  • Ensures that local law enforcement assets and facilities are dedicated strictly to public safety and criminal matters within the community, rather than federal administrative issues.
  • Undermines the rule of law and national security by hindering federal efforts to enforce immigration statutes and detain those present in the country illegally.
  • Eliminates a significant source of revenue for municipalities that utilize detention contracts to subsidize their budgets, potentially leading to local tax increases.
  • Creates a "sanctuary" environment that may encourage illegal immigration and could result in the release of individuals with immigration violations into local communities.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 23 additions

SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 42-169-1. Short title. This chapter shall be known and may be cited as the “Detention for Federal Civil Immigration Violations”. 42-169-2. Prohibition on agreements to detain individuals for federal civil immigration violations.

(a) No state or municipal government official or body, or instrumentality or agency thereof, may enter into, renew, or otherwise agree, to be a party to any contract or agreement, that is or will be used to detain individuals for federal civil immigration violations including, but not limited to, any intergovernmental services agreements to detain individuals for federal civil immigration violations or any lease or other agreement, that facilitates the use of real property belonging to the public body, or instrumentality or agency thereof, to detain and relocate individuals for federal civil immigration violations.

(b) A state or municipal governmental official or body, or instrumentality or agency thereof, that is party to any existing agreement, that is or will be used to detain individuals for federal civil immigration violations, shall exercise the termination provision of the agreement as applied to its use for detaining individuals for federal civil immigration violations no later than July 1, 2026. 42-169-3. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which that judgment shall have been rendered.

SECTION 2. This act shall take effect upon passage.