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S 3116Police & Prisons

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

This bill prohibits Rhode Island police from helping federal agents deport people unless a judge issues a warrant.

Introduced30 Yea8 Nay0 Not voting
Population
Affected
15
Email Legislator
Introduced Mar 13, 2026Committee Senate Judiciary

Plain-English Summary

This bill limits the extent to which Rhode Island state and municipal law enforcement agencies can assist federal immigration officials. It prohibits local police and state agencies from using public funds, personnel, or facilities to enforce federal civil immigration laws unless they have a judicial warrant signed by a judge. Specifically, it prevents local authorities from detaining individuals solely for immigration status, sharing non-public release dates with immigration agents, or entering into agreements to act as immigration officers. The bill clarifies that local police may still cooperate with federal authorities on criminal investigations.

For younger readers

There are different kinds of police officers. Some work for Rhode Island towns or the state, and others work for the whole country (the federal government). The federal officers are in charge of checking if people are allowed to live in the United States. This new rule says that Rhode Island police cannot help the federal officers do that specific job. Rhode Island police will focus on stopping crimes like stealing or hurting people. They will not keep people in jail or share private information just to help federal officers take people away, unless a judge orders it.

Who & Where It Applies

Impacted groups
Immigrants (Undocumented and Documented)State Law Enforcement AgenciesMunicipal Police DepartmentsDepartment of CorrectionsTaxpayers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects undocumented immigrants and their families from family separation and deportation by ensuring local police do not act as an extension of federal immigration enforcement.
  • Fosters greater trust between immigrant communities and law enforcement, encouraging victims and witnesses of crimes to come forward without fear of being reported to ICE.
  • Ensures that local taxpayer resources are utilized for community safety and local priorities rather than being diverted to enforce federal civil immigration policies.
  • The exception allowing police to notify immigration agents about the release of detainees charged with "capital offenses" may be viewed as too broad or punitive by abolitionists and criminal justice reform advocates.
  • Does not completely prevent federal immigration agents from operating in the state, which may still leave communities vulnerable to direct federal enforcement actions.
  • Could potentially invite federal retaliation in the form of withheld grants or funding for other vital social services or community programs.
For Conservatives
  • Upholds the Tenth Amendment and the anti-commandeering doctrine by asserting state sovereignty and refusing to allow the federal government to force state employees to do federal work.
  • Protects the fiscal interests of the state by ensuring local tax dollars are not spent performing duties that are the financial responsibility of the federal government.
  • Reinforces the rule of law and due process by requiring a judicial warrant signed by a judge rather than allowing detention based solely on administrative requests.
  • Hinders the removal of individuals present in the country illegally, potentially creating a "sanctuary" environment that arguably undermines the rule of law.
  • May result in the release of individuals with criminal records back into the community instead of transferring them to federal custody for deportation, potentially threatening public safety.
  • Could encourage further illegal immigration to the state by signaling that local authorities will not cooperate with federal enforcement efforts.

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.