Immigration; criminalize illegal entry and require cooperation with federal authorities.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill, McLendon, McMahan,
Seymour

SENATE BILL NO. 2114
(As Sent to Governor)

AN ACT TO DEFINE TERMS; TO AUTHORIZE THE DEPARTMENT OF PUBLIC 1
SAFETY TO DETERMINE THE NUMBER AND IDENTITIES OF ALL ILLEGAL 2
ALIENS RESIDING IN THE STATE OF MISSISSIPPI; TO DIRECT THE 3
DEPARTMENT OF PUBLIC SAFETY TO ENFORCE THE IMMIGRATION LAWS AS 4
AUTHORIZED PURSUANT TO FEDERAL LAWS AND THE LAWS OF THIS STATE; TO 5
REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO EXECUTE A MEMORANDUM OF 6
AGREEMENT WITH THE UNITED STATES IMMIGRATION AND CUSTOMS 7
ENFORCEMENT AGENCY AS SOON AS POSSIBLE; TO REQUIRE EACH LAW 8
ENFORCEMENT AGENCY OPERATING A COUNTY DETENTION FACILITY TO 9
EXECUTE A WRITTEN AGREEMENT WITH THE UNITED STATES IMMIGRATION AND 10
CUSTOMS ENFORCEMENT AGENCY TO PARTICIPATE IN THE IMMIGRATION 11
PROGRAM ESTABLISHED UNDER SECTION 287(G); TO PROVIDE A FELONY 12
OFFENSE FOR A PERSON WHO IS AN ALIEN, REGARDLESS OF NATIONAL 13
ORIGIN, AND ENTERS OR ATTEMPTS TO ENTER THIS STATE DIRECTLY FROM A 14
FOREIGN NATION AT ANY LOCATION OTHER THAN A LAWFUL PORT OF ENTRY; 15
TO PROVIDE A FELONY OFFENSE, IN ADDITION TO ANY EXISTING PENALTY 16
FOR THE UNDERLYING CRIME, FOR A PERSON WHO IS ARRESTED FOR CERTAIN 17
CRIMINAL OFFENSES AND IS DETERMINED TO BE AN ILLEGAL ALIEN, 18
REGARDLESS OF NATIONAL ORIGIN, AND UNLAWFULLY PRESENT IN THE 19
UNITED STATES; TO AUTHORIZE A SENTENCING COURT TO ISSUE A WRITTEN 20
ORDER DISCHARGING THE PERSON AND REQUIRING SAID INDIVIDUAL TO 21
RETURN TO HIS OR HER COUNTRY OF ORIGIN; TO DIRECT THE COURT TO 22
REMAND THE PERSON SUBJECT TO THE ORDER TO THE CUSTODY OF THE 23
DEPARTMENT OF CORRECTIONS; TO REQUIRE THE DEPARTMENT OF 24
CORRECTIONS TO NOTIFY THE UNITED STATES CUSTOMS AND BORDER 25
PROTECTION OF THE DEPARTMENT OF HOMELAND SECURITY TO ARRANGE 26
TRANSPORTATION FOR THE REPATRIATION OF THE PERSON BACK TO HIS OR 27
HER COUNTRY OF ORIGIN; TO PROVIDE CERTAIN AFFIRMATIVE DEFENSES TO 28
PROSECUTION UNDER THIS ACT; TO PROVIDE THAT A DEFENDANT CHARGED OR 29
CONVICTED UNDER THIS ACT IS NOT ELIGIBLE FOR EXPUNCTION, AN 30
INTENSIVE SUPERVISION PROGRAM, NONADJUDICATION, PAROLE, OR ANY 31
EARLY RELEASE PROGRAM; TO PROVIDE FOR SEVERABILITY; AND FOR 32
RELATED PURPOSES. 33
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 34
SECTION 1. As used in this act, the following words have the 35
meanings ascribed herein unless the context clearly requires 36
otherwise: 37
(a) "Alien" has the meaning assigned by 8 USC § 1101, 38
as that provision existed on January 1, 2026. 39
(b) "Commissioner" means the Commissioner of the 40
Department of Public Safety. 41
(c) "Crime of violence" means any crime classified as a 42
crime of violence under Section 97-3-2. 43
(d) "Department" means Department of Public Safety 44
unless otherwise specified. 45
(e) "Port of entry" means a port of entry in the United 46
States as designated by 19 C.F.R. Part 101. 47
(f) "Sex offense" has the meaning assigned under 48
Section 45-33-23(h). 49
SECTION 2. (1) The department may use all reasonable lawful 50
investigative means available, including direct law enforcement 51
requests to the United States Department of Homeland Security, 52
coordination with Mississippi airport and port authorities, 53
requests for information under the Freedom of Information Act (5 54
USC § 552) or the Mississippi Public Records Act, as applicable, 55
or any other lawful means, to determine, on an ongoing basis, the 56
number and identities of all illegal aliens residing in the State 57
of Mississippi. 58
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(2) To the extent permitted by law, the information 59
collected by the department, as provided in subsection (1) of this 60
section, shall include: 61
(a) The name and country of origin of the illegal 62
alien; 63
(b) Whether the illegal alien is an adult or minor; 64
(c) The criminal history of the illegal alien, 65
including whether the alien has previously entered the United 66
States illegally; 67
(d) The name and address of each illegal alien, if 68
applicable; and the date, location, and status of attempted 69
removal proceedings for each illegal alien, if applicable. 70
(3) The department shall, where permitted by law, coordinate 71
with state and local officials to share information on any illegal 72
alien reasonably suspected of involvement in the commission of 73
offenses that would constitute a violation of federal or state 74
law, including any state offense for human trafficking or drug 75
trafficking, in an effort to detect, prevent, and mitigate threats 76
to public safety within the State of Mississippi. 77
SECTION 3. (1) The department shall designate such agents 78
and other personnel that the commissioner deems necessary and 79
proper to enforce the immigration laws as authorized pursuant to 80
federal laws and the laws of this state. 81
(2) The department shall make a reasonable attempt to 82
execute a memorandum of agreement with the United States 83
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Immigration and Customs Enforcement Agency pursuant to Section 84
287(g) of the Immigration and Nationality Act, 8 USC § 1357 as 85
soon as possible, but no later than one hundred twenty (120) days, 86
after the effective date of this act, with the purpose of 87
facilitating and encouraging cooperation under the Section 287(g) 88
program by every county of this state. 89
(3) Nothing in this section may be construed to prevent 90
other law enforcement agencies of the state and political 91
subdivisions of the state, including local law enforcement 92
agencies, from enforcing immigration laws as authorized pursuant 93
to federal laws and the laws of this state. 94
SECTION 4. (1) By October 1, 2026, each county law 95
enforcement agency operating a county detention facility shall 96
make a reasonable attempt to execute a written agreement with the 97
United States Immigration and Customs Enforcement to participate 98
in the immigration program established under Section 287(g) of the 99
Immigration and Nationality Act, 8 USC § 1357. The requirement 100
under this subsection does not require a law enforcement agency to 101
participate in a particular program model, including the jail 102
enforcement model. 103
(2) Beginning no later than October 1, 2026, and until the 104
law enforcement agency enters into the written agreement required 105
under subsection (1) of this section, each county law enforcement 106
agency shall notify the department quarterly of the status of such 107
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written agreement and any reason for noncompliance with this 108
section, if applicable. 109
SECTION 5. (1) A person who is an illegal alien and who is 110
detained while entering or attempting to enter this state directly 111
from a foreign nation, regardless of national origin, at any 112
location other than a lawful port of entry shall be guilty of a 113
misdemeanor punishable by imprisonment in the custody of the 114
Department of Corrections for not less than six (6) months. 115
(2) (a) A person who is convicted of a criminal offense 116
against the laws of this state that is not a crime of violence or 117
a sex offense that is punishable by imprisonment for a term of 118
twelve (12) months or more and who is determined to be an illegal 119
alien, regardless of national origin, and unlawfully present in 120
the United States shall, in addition to any penalty for the 121
underlying crime, be guilty of a felony punishable by imprisonment 122
in the custody of the Department of Corrections for not less than 123
two (2) years. 124
(b) A person who is convicted of a criminal offense 125
against the laws of this state that is a crime of violence or a 126
sex offense that is punishable by imprisonment for a term of 127
twelve (12) months or more and who is determined to be an illegal 128
alien, regardless of national origin, and unlawfully present in 129
the United States shall, in addition to any penalty for the 130
underlying crime, be guilty of a felony punishable by imprisonment 131
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in the custody of the Department of Corrections for not less than 132
three (3) and not more than five (5) years. 133
SECTION 6. (1) It is an affirmative defense to prosecution 134
under this act that: 135
(a) The federal government has granted the defendant: 136
(i) Lawful presence in the United States; or 137
(ii) Asylum under 8 USC § 1158; 138
(b) The defendant's conduct does not constitute a 139
violation of 8 USC § 1325(a); or 140
(c) The defendant was approved for benefits under the 141
federal Deferred Action for Childhood Arrivals program between 142
June 15, 2012, and July 16, 2021. 143
(2) Participation in the following federal programs does not 144
provide an affirmative defense to prosecution under this act: 145
(a) The Deferred Action for Parents of Americans and 146
Lawful Permanent Residents program; or 147
(b) Any program not enacted by the United States 148
Congress that is a successor to or materially similar to the 149
program specified in subsection (1)(c) of this section or 150
paragraph (a) of this subsection. 151
SECTION 7. Notwithstanding any other provision of law, a 152
defendant charged or convicted under this act is not eligible for 153
expunction or nonadjudication. 154
SECTION 8. The Attorney General shall investigate any 155
governmental entity alleged to be in violation of this act and 156
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ST: Immigration; criminalize illegal entry and
require cooperation with federal authorities.
upon finding a violation may bring an action for declaratory or 157
injunctive relief to compel compliance. 158
SECTION 9. The Department of Public Safety is authorized and 159
directed to adopt rules and regulations as necessary to implement 160
the provisions of this act and in doing so may coordinate with the 161
Department of Corrections. 162
SECTION 10. If any one or more provisions, sections, 163
subsections, sentences, clauses, phrases or words of this act or 164
the application thereof to any person or circumstance is found to 165
be unconstitutional, the same is hereby declared to be severable 166
and the balance of this act shall remain effective notwithstanding 167
such unconstitutionality. The Legislature hereby declares that it 168
would have passed this act, and each provision, section, 169
subsection, sentence, clause, phrase or word thereof, irrespective 170
of the fact that any one or more provisions, sections, 171
subsections, sentences, clauses, phrases or words be declared 172
unconstitutional. 173
SECTION 11. The provisions of this act shall stand repealed 174
on July 1, 2028. 175
SECTION 12. This act shall take effect and be in force from 176
and after July 1, 2026. 177