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Session of 2025
SENATE BILL No. 178
By Committee on Federal and State Affairs
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AN ACT concerning law enforcement agencies; relating to enforcement of
immigration laws; requiring certain law enforcement agencies to apply
for and enter into agreements with United States immigration and
customs enforcement; providing a cause of action and penalties for
failure to comply.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As soon as practicable after the effective date of this
act, each law enforcement agency shall submit a request to United States
immigration and customs enforcement pursuant to the federal immigration
and nationality act, 8 U.S.C. § 1357(g), to enter into an agreement with
United States immigration and customs enforcement to designate certain
law enforcement officers employed by such law enforcement agency to be
authorized to assist in the enforcement of federal immigration laws. Each
law enforcement agency that is offered such an agreement by the director
of United States immigration and customs enforcement shall enter into
such agreement. Any such agreement shall include a description of the
scope of and the limitations on the authority granted to the designated law
enforcement officers. A copy of any such agreement shall be submitted to
the attorney general upon execution.
(b) Any law enforcement agency that fails to enter an agreement as
required by this section shall submit written notice to the attorney general
of such failure. Such written notice shall include documentation
establishing that a request was properly submitted to United States
immigration and customs enforcement but that no agreement was offered
to such law enforcement agency.
(c) The attorney general shall send written notice to each law
enforcement agency that does not timely enter into an agreement or submit
a written notice of failure to enter into an agreement. A law enforcement
agency that receives a written notice pursuant to this subsection shall
become compliant with this section within 30 days after receipt of such
notice.
(d) The attorney general may bring a cause of action against any law
enforcement agency that fails to comply with this section after the time
period specified in subsection (c). Such action shall be brought in the
district court of Shawnee county. The attorney general may seek injunctive
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relief to bring the law enforcement agency into compliance with this
section and such other relief as the attorney general deems necessary. The
court may award reasonable expenses, including attorney fees, court costs,
witness fees, deposition costs and other investigatory costs, if the attorney
general is the prevailing party.
(e) Upon a final, nonappealable decision by a court of competent
jurisdiction that a law enforcement agency failed to comply with the
provisions of this section, such law enforcement agency shall be ineligible
to receive any state grant moneys that may be awarded but as yet are
unpaid to such law enforcement agency, and no state grant moneys shall be
awarded or paid to such law enforcement agency during the ensuing fiscal
year. The attorney general shall send a copy of any such judicial order to
the state treasurer, the director of the budget and the director of the
legislative research. Upon receipt of such order, the director of budget
shall certify to the director of accounts and reports an amount to be lapsed
or reduced from an expenditure limitation.
(f) As used in this section:
(1) "Law enforcement agency" means a city police department, a
county sheriff's department, a county law enforcement department
established pursuant to K.S.A. 19-4401 et seq., and amendments thereto, a
law enforcement agency established pursuant to the consolidated city-
county powers in K.S.A. 12-345, and amendments thereto, a county police
department or any other law enforcement department of a taxing political
subdivision of the state; and
(2) "state grant moneys" means financial aid, gifts, grants or other
payments to a law enforcement agency made by a state agency pursuant to
a written agreement whether such money is derived from state or federal
revenue sources.
Sec. 2. This act shall take effect and be in force from and after its
publication in the Kansas register.
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