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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2771
By Committee on Federal and State Affairs
Requested by Ed Klumpp
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AN ACT concerning enforcement of United States immigration and
enforcement detainers by a county sheriff operating a county jail;
requiring municipal insurance pools to provide coverage of law
enforcement agencies enforcing federal law; requiring the state to pay
certain judgements in federal civil action and provide legal
representation by the attorney general; updating the interlocal
cooperation act; amending K.S.A. 12-2904 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any sheriff operating a jail pursuant to K.S.A. 19-
1901, and amendments thereto, has authority to detain a person with:
(1) A facially sufficient immigration detainer request issued by the
United States immigration and customs enforcement (ICE) on form I-247A
issued pursuant to 8 U.S.C. §§ 1226 and 1357 and hold such person for up
to 48 hours without criminal charges for the purpose of transferring
custody to the United States immigration and customs enforcement; or
(2) a warrant as described in subsection (c).
(b) An immigration detainer request form I-247A presented to a jail
as provided in subsection (a)(1) is deemed facially sufficient if either of
the following applies:
(1) The United States immigration and customs enforcement official
form I-247A presented to law enforcement:
(A) Clearly states the identity of the person to be detained;
(B) has box 1, statement of probable cause, or box 2, transfer of
custody, completed; and
(C) is signed by the federal immigration official; or
(2) the United States immigration and customs enforcement form I-
247A meets the requirement of subsections (b)(1)(A) and (C) but not
subsection (c)(1)(B) and is supported by a signed warrant as described in
subsection (d) or other affidavit or official documentation provided to law
enforcement stating the United States immigration and customs
enforcement has probable cause to believe that the person to be detained is
a removable alien under federal immigration law and United States
immigration and customs enforcement.
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(c) A warrant satisfying subsection (a)(2) or (b)(2) includes:
(1) A United States department of homeland security form I-200,
warrant for arrest of alien; or
(2) a United States immigration and customs enforcement form I-205,
warrant of removal or a successor warrant or other warrant authorized by
federal law.
(d) After reviewing the form I-247A and finding that such form
complies with the requirements of subsection (b), a sheriff operating a jail
having custody of a person under the authority of subsection (a) shall:
(1) Inform the person that such person is being held pursuant to an
immigration detainer request issued by the United States immigration and
customs enforcement;
(2) provide a copy of the form I-247A to the person being held as
soon as practicable;
(3) inform the United States immigration and customs enforcement
that such person is in custody of the sheriff on an immigration detainer;
and
(4) complete the law enforcement agency section of the form I-247A
and submit such form to the United States immigration and customs
enforcement.
(e) The sheriff operating a jail shall release a person being held under
subsection (a) upon:
(1) The receipt of a subsequent form I-247A with the box checked
canceling the detainer request;
(2) the passing of 48 hours from the time of detention without
pending criminal charges on the United State immigration and customs
enforcement detainer;
(3) a finding the detainer does not meet the requirements of
subsection (b); or
(4) the person who is being held provides proof of citizenship of the
United States or has lawful immigration status in the United States.
(f) As used in this section, "proof of citizenship" includes:
(1) A birth certificate;
(2) a United States passport indicating citizenship;
(3) an official United States document showing completed
naturalization of citizenship;
(4) a court order declaring a person's United States citizenship; or
(5) any other official document of the United States or the state of
Kansas indicating the person is a United States citizen.
New Sec. 2. Any municipal insurance pool issuing liability coverage
for law enforcement under the Kansas municipal group-funded pool act
shall continue such coverage and include coverage for law enforcement
operations authorized by the covered agency enforcing federal law in
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cooperation with federal agencies to the same extent of the coverage for
enforcing state and local law regardless of whether the cooperation is
under a written agreement and whether the officers involved are deputized
by the federal agency. If the United States department of justice or the
Kansas office of the attorney general does not provide legal representation
in an action against the covered local law enforcement agency, the
municipal insurance pool coverage shall provide the legal representation.
The municipal insurance pool may also provide legal representation to
protect its interest in a case in which the United States department of
justice or the Kansas office of the attorney general is providing legal
representation.
New Sec. 3. (a) In any federal civil action against a law enforcement
agency or an officer working under an agreement with the United States
immigration and customs enforcement for a 287g program authorized by 8
U.S.C. § 1357(g), if a judgement is rendered against such agency or such
officer of the agency, the state shall pay the judgement costs or any portion
thereof that the United States department of justice has failed to cover if
the agency or officer was acting in good faith.
(b) In any state civil action, where a law enforcement officer or
law enforcement agency acts in good faith under an ICE 287(g)
agreement or detainer and takes a person into custody or attempts to
take such person into custody, the law enforcement officer or law
enforcement agency shall be entitled to immunity for any civil liability.
New Sec. 4. (a) If a civil action is brought against a law enforcement
agency that has entered into an ICE 287(g) agreement or an officer of such
law enforcement agency who has been deputized under an ICE 287(g)
agreement and such law enforcement agency or officer was acting in good
faith under the terms of an ICE 287(g) agreement, the attorney general
shall represent or provide representation of the law enforcement agency
and officer in federal litigation.
(b) If a habeas corpus action is filed against an agency acting in good
faith to hold a person under authority of an ICE detainer, the office of the
attorney general shall provide legal representation at the habeas corpus
hearing.
Sec. 5. K.S.A. 12-2904 is hereby amended to read as follows: 12-
2904. (a) Subject to the limitations of subsection (g), any power or powers,
privileges or authority exercised or capable of exercise by a public agency
of this state including but not limited to those functions relating to
economic development, public improvements, public utilities, police
protection, public security, public safety and emergency preparedness,
including but not limited to, intelligence, antiterrorism and disaster
recovery, libraries, data processing services, educational services, building
and related inspection services, flood control and storm water drainage,
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weather modification, sewage disposal, refuse disposal, park and
recreational programs and facilities, ambulance service, fire protection, the
Kansas tort claims act or claims for civil rights violations, may be
exercised and enjoyed jointly with any other public agency of this state or
with any private agency, and jointly with any public agency of any other
state or of the United States to the extent that the laws of such other state
or of the United States permit such joint exercise or enjoyment. Any
agency of the state government when acting jointly with any public or
private agency may exercise and enjoy all of the powers, privileges and
authority conferred by this act upon a public agency.
(b) Any public agency may enter into agreements with one or more
public or private agencies for joint or cooperative action pursuant to the
provisions of this act. Appropriate action by ordinance, resolution or
otherwise pursuant to law of the governing bodies of the participating
public agencies shall be necessary before any such agreement may enter
into force.
(c) Any public agency may enter into agreements with Native
American Indian tribes for joint or cooperative actions. Such agreements
shall be considered to be an interlocal agreement and shall be subject to
the procedures and limitations of the interlocal cooperation act.
The provisions of this subsection shall not be construed as authorizing
a public agency to enter into a gaming compact pursuant to the interlocal
cooperation act.
(d) Any such agreement shall specify the following:
(1) Its duration.
(2) The precise organization, composition and nature of any separate
legal or administrative entity created thereby together with the powers
delegated thereto.
(3) Its purpose or purposes.
(4) The manner of financing the joint or cooperative undertaking and
of establishing and maintaining a budget therefor.
(5) The permissible method or methods to be employed in
accomplishing the partial or complete termination of the agreement and for
disposing of property upon such partial or complete termination.
(6) Any other necessary and proper matters.
(e) In addition to the requirements of subsection (d), if the agreement
does not establish a separate legal entity to conduct the joint or cooperative
undertaking, the agreement also shall contain the following:
(1) Provision for an administrator or a joint board or one of the
participating public agencies to be responsible for administering the joint
or cooperative undertaking. In the case of a joint board public agencies
party to the agreement shall be represented.
(2) The manner of acquiring, holding and disposing of real and
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personal property used in the joint or cooperative undertaking.
(f) No agreement made pursuant to this act shall relieve any public
agency of any obligation or responsibility imposed upon it by law except
that to the extent of actual and timely performance thereof by a joint board
or other legal or administrative entity created by an agreement made
hereunder, such performance may be offered in satisfaction of the
obligation or responsibility.
(g) Every agreement made hereunder, except: (1) Agreements
between two or more public agencies establishing a council or other
organization of local governments for the study of common problems of an
area or region and for the promotion of intergovernmental cooperation;
and (2) agreements entered into regarding joint or cooperative action that
are subject to the oversight and regulation of a Kansas regulatory agency,
prior to and as a condition precedent to its entry into force, shall be
submitted to the attorney general who shall determine whether the
agreement is in proper form and compatible with the laws of this state. The
attorney general shall approve any agreement submitted hereunder unless
the attorney general shall find that it does not meet the conditions set forth
herein and shall detail in writing addressed to the governing bodies of the
public and private agencies concerned the specific respects in which the
proposed agreement fails to meet the requirements of law. Failure to
disapprove an agreement submitted hereunder within 90 days of its
submission shall constitute approval thereof.
(h) For the purposes of entering an agreement with the United States
immigration and customs enforcement for a 287g program authorized by 8
U.S.C. § 1357(g), a sheriff shall be exempt from subsections (a), (b), and
(c) and may sign such agreement without further authorization of the
board of county commissioners.
Sec. 6. K.S.A. 12-2904 is hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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