AN ACT relating to sanctuary policies.

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AN ACT relating to sanctuary policies. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 8 of this Act, unless context otherwise requires: 5
(1) "Applicable criminal case" means a criminal case in which the judgment 6
requires the defendant to be confined i n a secure correctional facility and the 7
record of the case indicates that the defendant is subject to an immigration 8
detainer or is otherwise subject to a transfer to federal custody; 9
(2) "Federal immigration agency" means the United States Department of Justice, 10
United States Department of Homeland Security, United States Immigration and 11
Customs Enforcement, United States Customs and Border Protection, and any 12
other federal agency or successor agency charged with the enforcement of 13
immigration law; 14
(3) "Immigration detainer" means a facially sufficient written or electronic request 15
issued by a federal immigration agency using that agency’s official form to 16
request that another law enforcement agency detain a person because there is 17
probable cause to believ e that the person to be detained is a removable alien 18
under federal immigration law, including detainers issued pursuant to 8 U.S.C. 19
secs. 1226 and 1357 along with a warrant described in paragraph (b) of this 20
subsection. For purposes of this subsection, an immigration detainer is deemed 21
facially sufficient if: 22
(a) The federal immigration agency’s official form is: 23
1. Complete and indicates on its face that the federal immigration 24
official has probable cause to believe that the person to be detained is 25
a removable alien under federal immigration law; or 26
2. Incomplete and fails to indicate on its face that the federal 27
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immigration official has probable cause to believe that the person to 1
be detained is a removable alien under federal immigration law, but is 2
supported by an affidavit, order, or other official documentation that 3
indicates that the federal immigration agency has probable cause to 4
believe that the person to be detained is a removable alien under 5
federal immigration law; and 6
(b) The federal immigration agency supplies with its detention request a Form 7
I-200 Warrant for Arrest of Alien, a Form I -205 Warrant of 8
Removal/Deportation, or a successor warrant or other warrant authorized 9
by federal law; 10
(4) "Inmate" means a person in the custody of a law enforcement agency; 11
(5) "Law enforcement agency" means: 12
(a) Any public agency that employs a police officer as defined in KRS 13
15.420(2)(a) or a special law enforcement officer as defined in KRS 14
61.900(6)(a) to (e); 15
(b) Any public agency that is composed of or employs other public peace 16
officers; 17
(c) Jailers; 18
(d) Metropolitan correctional services departments operating und er KRS 19
Chapter 67B; 20
(e) The Department of Corrections as organized under KRS Chapter 196 or any 21
of its subunits; 22
(f) A campus security authority as defined in KRS 164.948 of a public 23
institution operating under KRS Chapter 164; and 24
(g) Any other agency in this state charged with enforcement of state, county, 25
municipal, or federal laws or with managing custody of detained persons in 26
this state; 27
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(6) "Local government" means a city, county, charter county government, 1
consolidated local government, urban -county government, or unified local 2
government; 3
(7) "Sanctuary policy" means a law, policy, practice, procedure, or custom adopted 4
or allowed by a state entity or local government which prohibits or impedes a law 5
enforcement agency from complying with 8 U.S.C. s ec. 1373 or which prohibits 6
or impedes a law enforcement agency from communicating or cooperating with a 7
federal immigration agency that acts to limit or prohibit a law enforcement 8
agency from: 9
(a) Complying with an immigration detainer; 10
(b) Complying with a request from a federal immigration agency to notify the 11
agency before the release of an inmate or detained person in the custody of 12
the law enforcement agency; 13
(c) Providing a federal immigration agency access to an inmate for interview; 14
(d) Participating in any program or agreement authorized under 8 U.S.C. sec. 15
1357(g); or 16
(e) Providing a federal immigration agency with an inmate’s incarceration 17
status or release date; and 18
(8) "State entity" means the state or any office, board, bureau, commission, 19
department, branch, division, cabinet, or institution thereof, including public 20
institutions operating under KRS Chapter 164. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 22
READ AS FOLLOWS: 23
A state entity, law enf orcement agency, or local government shall not adopt or have in 24
effect a sanctuary policy regarding aliens unlawfully present in the United States. 25
SECTION 3. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) A law enforcement agency shall use all resources reasonably available to it to 1
support the enforcement of federal immigration law. 2
(2) Except as otherwise expressly prohibited by federal law, a state entity, law 3
enforcement agency, or local governmen t, or an employee, agent, or 4
representative of a state entity, law enforcement agency, or local government 5
shall not prohibit or in any way restrict a law enforcement agency from taking 6
any of the following actions with respect to information regarding a p erson's 7
immigration status: 8
(a) Sending to or requesting, receiving, or reviewing information from a federal 9
immigration agency for the purposes set out in Sections 1 to 8 of this Act; 10
(b) Recording and maintaining information for the purposes set out in Sections 11
1 to 8 of this Act; 12
(c) Exchanging information with a federal immigration agency or another state 13
entity, law enforcement agency, or local government for the purposes set out 14
in Sections 1 to 8 this Act; 15
(d) Using information to comply with an immigration detainer; or 16
(e) Using information to confirm the identity of a person who is detained by a 17
law enforcement agency. 18
(3) This section shall apply to an official, representative, agent, or employee of a state 19
entity, law enforcement agency, or local government only when he or she i s 20
acting within the scope of his or her official duties or employment. 21
SECTION 4. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) In an applicable criminal case, when a judge sentences a defendant to 24
confinement at a secure correctional facility, the secure correctional facility shall 25
comply with federal requirements to effectuate the transfer of the inmate to 26
federal custody. 27
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(2) When a secure correctional facility receives verification from a federal 1
immigration agency or otherwise verifies that an inmate sentenced as part of an 2
applicable criminal case is in the custody of the secure correctional facility and 3
the inmate was not convicted of an offense that would classify the inmate as a 4
violent offender under KRS 439.3401, the facility: 5
(a) Shall: 6
1. Notify a federal immigration agency of the anticipated date of 7
discharge of the inmate from confinement; and 8
2. If the detainee remains in the custody of the secure correctional 9
facility, notify a federal immigration agency of any change to the 10
anticipated date of discharge of the inmate; 11
(b) Shall cooperate in the transfer of the inmate to federal custody, and may 12
transfer an inmate to federal custody prior to the conclusion of the inmate's 13
sentence if a federal immigration agency so requests; and 14
(c) May securely transport the inmate to a federal facility in this state or to 15
another point of transfer to federal custody outside the jurisdiction of the 16
secure correctional facility. A secure correctional faci lity shall obtain 17
judicial authorization before securely transporting an inmate to a point of 18
transfer outside of this state. 19
(3) When a secure correctional facility receives verification from a federal 20
immigration agency or otherwise verifies that an inma te sentenced as part of an 21
applicable criminal case is in the custody of the secure correctional facility, and 22
the inmate was convicted of an offense that would classify the inmate as a violent 23
offender under KRS 439.3401, the facility: 24
(a) Shall notify a federal immigration agency of: 25
1. The anticipated date of discharge of the inmate from confinement no 26
later than thirty (30) days prior to that date; and 27
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2. Any change to the anticipated date of discharge of the inmate; 1
(b) Shall cooperate in the transfer of the inmate to federal custody upon 2
completion of the inmate's sentence, if a federal immigration agency so 3
requests; and 4
(c) May securely transport the inmate to a federal facility in this state or to 5
another point of transfer to federal custody outside the jurisdiction of the 6
secure correctional facility upon the completion of the inmate's sentence. A 7
secure correctional facility shall obtain judicial authorization before 8
securely transporting an inmate to a point of transfer outside of this state. 9
SECTION 5. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) A law enforcement agency that has custody of a person subject to an immigration 12
detainer issued by a federal immigration agency shall: 13
(a) Provide notice to the judge authorized to grant or deny the person’s release 14
on bail that the person is subject to an immigration detainer; and 15
(b) Record in the person’s case file that the person is subject to an immigration 16
detainer and comply with the requests made in the immigration detainer. 17
(2) A law enforcement agency is not required to perform the duty set out in 18
subsection (1) of this section with respect to a person who is transferred to the 19
custody of the agency by another law enforcement agency if t he transferring 20
agency performed that duty before the transfer. 21
(3) A judge who receives notice that a person is subject to an immigration detainer 22
shall cause the fact to be recorded in the court record, regardless of whether the 23
notice is received before or after a judgment in the case. 24
SECTION 6. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 25
READ AS FOLLOWS: 26
Each county shall endeavor to enter into an agreement or agreements with a federal 27
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immigration agency for temporarily housing persons who are the subject of 1
immigration detainers and for the payment of the costs of housing and detaining those 2
persons in a county jail. A compliant agreement may include any contract between a 3
county and a federal immigration agency for housing or detaining persons subject to 4
immigration detainers, such as basic ordering agreements in effect on or after July 1, 5
2019, agreement s authorized by 8 U.S.C. sec. 1357(g), or successor agreements and 6
other similar agreements authorized by federal law. 7
SECTION 7. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) There shall be a rebutt able presumption that any state or local officer who 10
intentionally violates his or her duties under Sections 1 to 8 of this Act has 11
committed malfeasance and neglect of duty. Any state or local officer who 12
intentionally violates his or her duties under Sec tions 1 to 8 of this Act shall be 13
subject to impeachment. 14
(2) (a) If the Attorney General determines that a local government has violated any 15
provision of Sections 1 to 8 of this Act, he or she shall issue a written 16
finding setting out the violation. The A ttorney General shall then forward 17
the written finding to the local government that has committed the violation 18
along with a demand that it cease the violation. 19
(b) If, following receipt of the initial written finding of the Attorney General, a 20
local government fails to cease violation of any provision of Sections 1 to 8 21
of this Act, the Attorney General shall issue a written finding that the entity 22
has willfully violated Sections 1 to 8 of this Act. The Attorney General shall 23
then forward the finding to th e state agency responsible for administering 24
county or municipal road aid to the entity that is the subject of the written 25
finding for suspension under subsection (6) of Section 9 of this Act or 26
subsection (9) of Section 10 of this Act. 27
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(c) No later than s ix (6) months following a finding that a local government 1
has willfully violated any provision of Sections 1 to 8 of this Act, the 2
Attorney General shall conduct a review to determine if the entity subject to 3
the written finding has ceased violating Sectio ns 1 to 8 this Act. If the 4
Attorney General determines that the entity is in compliance with Sections 1 5
to 8 of this Act, the Attorney General shall notify any state agency that he or 6
she forwarded written findings to pursuant to paragraph (b) of this 7
subsection, that the entity is in compliance with Sections 1 to 8 of this Act so 8
that municipal road aid money may be reinstated. 9
(3) (a) If a person subject to a United States Immigration and Customs 10
Enforcement detainer is released from custody on or after t he effective date 11
of this Act as a result of a sanctuary policy, and that person subsequently 12
commits an offense which would classify the person as a violent offender 13
under KRS 439.3401, the victim, or the victim's family if the victim of the 14
crime dies or sustains serious physical injury as defined in KRS 500.080 as 15
a result of the crime, may file a civil action against the local government or 16
local law enforcement agency in a court of competent jurisdiction for 17
compensatory damages, punitive damages, costs, and attorney's fees. 18
(b) Sovereign, governmental, and qualified immunities afforded to local 19
governments and local law enforcement agencies, including but not limited 20
to immunity under the Eleventh Amendment to the Constitution of the 21
United States, are waived for purposes of this subsection. 22
SECTION 8. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) Sections 1 to 8 of this Act shall not: 25
(a) Require a state entity, law enforcement agency, or local g overnment to 26
provide a federal immigration agency with information related to a victim of 27
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or a witness to a criminal offense if the victim or witness timely and in good 1
faith responds to the entity or agency’s request for information and 2
cooperation in the investigation or prosecution of the offense; or 3
(b) Authorize a law enforcement agency to detain an alien unlawfully present 4
in the United States pursuant to an immigration detainer solely because the 5
alien witnessed or reported a crime, was a victim of a criminal offense, or 6
has been issued an order of protection by a family court or other court of 7
competent jurisdiction. 8
(2) A state entity, law enforcement agency, or local government that withholds 9
information regarding the immigration status of a victim of or witness to a 10
criminal offense pursuant to subsection (1) of this section shall document the 11
victim or witness's cooperation in investigative records related to the offense and 12
shall retain the records for at least ten (10) years for the purpose of a udit, 13
verification, or inspection by the Attorney General. 14
Section 9. KRS 177.360 is amended to read as follows: 15
(1) Except as provided in subsection (5) of this section, the Department of Rural and 16
Municipal Aid shall a llocate the funds set apart under KRS 177.320(1) for 17
construction, reconstruction, and maintenance of state -maintained secondary and 18
rural highways as follows: 19
(a) One-fifth (1/5) shall be apportioned equally among the one hundred twenty 20
(120) counties; 21
(b) One-fifth (1/5) shall be apportioned among the one hundred twenty (120) 22
counties on the basis of the ratio which the rural population of each county 23
bears to the total rural population of the state. "Rural population" as used here 24
means the population in a county outside cities, towns, and urban areas having 25
a population of twenty -five hundred (2,500) or more as shown by the most 26
recent decennial census of the United States Bureau of the Census, and county 27
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population shall be determined by the most recent decennial census of the 1
United States Bureau of the Census; 2
(c) One-fifth (1/5) shall be apportioned among the one hundred twenty (120) 3
counties on the basis of the ratio that the public road mileage outside of cities, 4
towns, and urban areas having a popu lation of twenty-five hundred (2,500) or 5
more bears to the total mileage of such roads for the entire state; and 6
(d) Two-fifths (2/5) shall be apportioned among the one hundred twenty (120) 7
counties on the basis of the ratio which the square -mile rural are a of the 8
county bears to the total square -mile rural area of the state. "Rural area" as 9
used here means that area of the county outside of cities, towns, and urban 10
areas having a population of twenty -five hundred (2,500) or more and shown 11
by the most recen t decennial census of the United States Bureau of the 12
Census. 13
(2) A sum not exceeding six percent (6%) of the allocation provided by KRS 14
177.320(1) to each county shall be deducted at the beginning of each fiscal year and 15
adjusted quarterly to cover the ma intenance, administrative, engineering, and other 16
costs of the program. 17
(3) Of the total amount apportioned by the provisions of this section, a sum not 18
exceeding six percent (6%) may be deducted and placed by the Department of 19
Rural and Municipal Aid in a special emergency account to be expended at the 20
direction of the commissioner to meet unforeseen emergencies on rural and 21
secondary roads and bridges. 22
(4) Apportionments as required by the provisions of this section shall be made on the 23
basis of revenue estimates supplied by the Finance and Administration Cabinet and 24
adjusted quarterly in accordance with the most recent revision of the estimates by 25
the Finance and Administration Cabinet. 26
(5) Any county eligible to receive county road aid moneys in accordan ce with KRS 27
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177.320 and this section shall be required to submit a uniform financial information 1
report to the Department for Local Government in accordance with KRS 65.905 2
before any payment of county road aid funds shall be made. The Department for 3
Local Government shall notify the Department of Rural and Municipal Aid no later 4
than March 1 annually of any county that has not submitted a uniform financial 5
information report. The Department of Rural and Municipal Aid shall, upon 6
notification by the Departm ent for Local Government, immediately suspend all 7
county road aid moneys to the county until the county complies with the provisions 8
of KRS 65.900 to 65.925 and submits the uniform financial information report to 9
the Department for Local Government. The De partment for Local Government 10
shall immediately notify the Department of Rural and Municipal Aid to reinstate 11
county road aid moneys to any county affected by this subsection as soon as the 12
county submits the uniform financial information report. 13
(6) The Department of Rural and Municipal Aid shall: 14
(a) Upon receiving a written finding as set out in subsection (2)(b) of Section 7 15
of this Act, immediately suspend all county road aid moneys to the local 16
government that is the subject of the finding; and 17
(b) Immediately reinstate county road aid moneys to any local government 18
upon receiving the notification as set out in subsection (2)(c) of Section 7 of 19
this Act. 20
(7) In distributing county road aid funds received by a consolidated local government 21
established under KRS Chapter 67C, a consolidated local government shall 22
establish procedures to identify project needs in unincorporated areas that prioritize 23
consideration of the following factors: 24
(a) Population growth; 25
(b) Population density; and 26
(c) Economic development potential. 27
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Section 10. KRS 177.366 is amended to read as follows: 1
(1) Except as provided in subsection (8) of this section, on and after July 1, 1980, the 2
Finance and Administration Cabinet shall allocate to each incorporated city and 3
"unincorporated urban place" its pro rata share of the funds set apart for 4
construction, re construction, and maintenance of urban roads and streets on the 5
basis of the ratio which the population in the incorporated cities and in 6
"unincorporated urban places" bears to the total population in incorporated cities 7
and in "unincorporated urban places" of the state. "Unincorporated urban places" as 8
used here, means an area as defined in KRS 81.015, and any area outside of 9
incorporated cities, which area has a population of 2,500 or more as shown by the 10
most recent decennial census of the United States Bureau of the Census, and all 11
populations shall be determined by the most recent decennial census of the United 12
States. 13
(2) Any area which becomes incorporated after December 31, 1970, shall not be 14
eligible to participate in the Municipal Aid Program until the beginning of the 15
second fiscal year following its incorporation and population certification. It shall 16
be the responsibility of the newly incorporated area to provide the Finance and 17
Administration Cabinet with documentation from the United States Bur eau of the 18
Census showing the population of the newly incorporated area as it existed at the 19
time of the last decennial census. 20
(3) In the event the newly incorporated area cannot obtain a population count from the 21
Bureau of the Census, it shall not be eli gible to participate in the Municipal Aid 22
Program until the next decennial census. 23
(4) If an incorporated city, whose incorporation took place prior to December 31, 1970, 24
annexes additional area, the population of the annexed area will not be counted in 25
the allocation of municipal aid funds until the beginning of the second fiscal year 26
following annexation and population certification. 27
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(5) It shall be the responsibility of the incorporated city to provide the Finance and 1
Administration Cabinet with document ation from the United States Bureau of the 2
Census showing the population for the annexed area as it existed at the time of the 3
last decennial census. 4
(6) If the incorporated area cannot obtain a population count from the Bureau of the 5
Census, the annexed a rea's population shall not be eligible to be counted in the 6
distribution of the municipal aid fund. However, the streets included in the annexed 7
areas shall be eligible to receive work through this program. 8
(7) Apportionments as required by the provisions of this section shall be made on the 9
basis of revenue estimates supplied by the Office of State Budget Director and shall 10
be adjusted quarterly in accordance with the most recent revision of the estimates 11
by the Office of State Budget Director. 12
(8) Any loc al government eligible to receive municipal road aid moneys pursuant to 13
KRS 177.365 to 177.369 shall be required to submit a uniform financial 14
information report to the Department for Local Government pursuant to KRS 15
65.905 before any payment of municipal road aid funds shall be made. The 16
Department for Local Government shall notify the Finance and Administration 17
Cabinet no later than March 1 annually of any local government that has not 18
submitted a uniform financial information report. The Finance and Admi nistration 19
Cabinet shall, upon notification by the Department for Local Government, 20
immediately suspend all municipal road aid moneys to the local government until 21
the local government complies with the provisions of KRS 65.900 to 65.925 and 22
submits the un iform financial information report to the Department for Local 23
Government. The Department for Local Government shall immediately notify the 24
Finance and Administration Cabinet to reinstate municipal road aid moneys to any 25
local government affected by this s ubsection as soon as the local government 26
submits the uniform financial information report. 27
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(9) The Finance and Administration Cabinet shall: 1
(a) Upon receiving a written finding as set out in subsection (2)(b) of Section 7 2
of this Act, immediately suspend all municipal road aid moneys to the local 3
government that is the subject of the finding; and 4
(b) Immediately reinstate municipal road aid moneys to any local government 5
upon receiving the notification as set out in subsection (2)(c) of Section 7 of 6
this Act. 7
Section 11. This Act may be cited as the Lawful Immigration System Act of 8
2026. 9