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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 881
Introduced by Guereca, 7; Juarez, 5.
Read first time January 08, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to immigration; to require law enforcement1
agencies, jails, and the Nebraska State Patrol to receive approval2
prior to entering into agreements to enforce immigration law; to3
state legislative findings; to define terms; to require notice and4
public hearings; to require reports; to provide powers and duties5
for the Nebraska Commission on Law Enforcement and Criminal Justice;6
and to provide for civil actions. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. The Legislature finds and declares that:1
(1) Law enforcement agencies or jails entering into agreements with2
other agencies to enforce immigration law or to investigate, interrogate,3
detain, detect, or arrest persons for immigration enforcement purposes4
pursuant to such agreement is a matter of statewide concern; and5
(2) The public is entitled to receive notice and have an opportunity6
to be heard concerning such agreements. 7
Sec. 2. For purposes of sections 1 to 5 of this act:8
(1) Commission means the Nebraska Commission on Law Enforcement and9
Criminal Justice; 10
(2)(a) Immigration enforcement agreement means an agreement or11
memorandum of understanding between a jail, a law enforcement agency, or12
the Nebraska State Patrol and any other public entity, pursuant to which13
the jail, agency, or patrol will enforce immigration law or investigate,14
interrogate, detain, detect, or arrest persons for immigration15
enforcement purposes. 16
(b) Immigration enforcement agreement does not include an agreement17
between public entities, including the United States Department of18
Homeland Security, relating to investigating violations of laws19
prohibiting human trafficking or enforcing such laws;20
(3) Jail includes a city or county jail; 21
(4) Law enforcement agency means a police department, a town22
marshal, or the office of sheriff, but does not include the Nebraska23
State Patrol; 24
(5) Local governing body means the governing body of a political25
subdivision that oversees a law enforcement agency or jail;26
(6) Meeting has the same meaning as in section 84-1409; and27
(7) Public entity means the United States, any state, county, or28
municipality, and any branch, subdivision, board, commission, department,29
agency, or other instrumentality of such entities.30
Sec. 3. (1)(a) Beginning July 1, 2026, a law enforcement agency or31
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jail shall not enter into an immigration enforcement agreement without1
first notifying the appropriate local governing body and receiving2
approval as provided in this section. 3
(b) The law enforcement agency or jail shall provide written notice4
to the local governing body pertaining to the proposed agreement. The5
notice shall be provided at least thirty days before the agreement would6
go into effect. 7
(2) If a law enforcement agency or jail entered into an immigration8
enforcement agreement prior to July 1, 2026, the agreement shall9
automatically terminate on December 1, 2026, and thereafter be void and10
unenforceable, unless: 11
(a) On or before October 15, 2026, the agency or jail provides12
written notice to the appropriate local governing body pertaining to such13
agreement; and 14
(b) The local governing body approves the agreement as provided in15
this section. 16
(3)(a) When a local governing body receives a notice under this17
section, the local governing body shall include the notice in the agenda18
of subjects of the next regularly scheduled public meeting of the local19
governing body at which the public has the right to attend and speak.20
(b) Following such hearing, the local governing body may approve or21
disapprove the immigration enforcement agreement. 22
(c) If the local governing body approves the agreement following a23
public meeting conducted in compliance with the Open Meetings Act, the24
law enforcement agency or jail may enter into such agreement. If the25
local governing body does not approve the agreement or this section is26
otherwise not complied with, the law enforcement agency or jail shall not27
enter into the agreement. 28
(4) Any immigration enforcement agreement entered into in violation29
of this section is void and unenforceable. 30
(5) Within sixty days after entering into an immigration enforcement31
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agreement as provided for in this section, a law enforcement agency or1
jail shall provide the following information to the commission:2
(a) A written copy of any such agreement; 3
(b) A written copy of the notice delivered under subsection (1) or4
(2) of this section; and 5
(c) A written copy of minutes of any public meeting pertaining to6
the agreement as provided in section 84-1413. 7
Sec. 4. (1)(a) Beginning July 1, 2026, the Nebraska State Patrol8
shall not enter into an immigration enforcement agreement without first9
notifying the commission and receiving approval as provided in this10
section. 11
(b) The patrol shall provide written notice to the commission12
pertaining to the proposed agreement. The notice shall be provided at13
least thirty days before the agreement would go into effect.14
(2)(a) If the patrol entered into an immigration enforcement15
agreement prior to July 1, 2026, the agreement shall automatically16
terminate on December 1, 2026, and thereafter be void and unenforceable,17
unless: 18
(a) On or before October 15, 2026, the patrol provides written19
notice to the commission pertaining to such agreement; and20
(b) The commission approves the agreement as provided in this21
section. 22
(3)(a) When the commission receives a notice under this section, the23
commission shall include the notice in the agenda of subjects of the next24
regularly scheduled public meeting of the commission at which the public25
has the right to attend and speak. 26
(b) Following such hearing, the commission may approve or disapprove27
the immigration enforcement agreement. 28
(c) If the commission approves the agreement following a public29
meeting conducted in compliance with the Open Meetings Act, the patrol30
may enter into such agreement. If the commission does not approve the31
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agreement or this section is otherwise not complied with, the patrol1
shall not enter into the agreement. 2
(4) Any immigration enforcement agreement entered into in violation3
of this section is void and unenforceable. 4
(5) Within sixty days after entering into an immigration enforcement5
agreement as provided for in this section, the patrol shall provide the6
commission with a written copy of such agreement. 7
Sec. 5. A violation of section 3 or 4 of this act shall be8
considered a violation of the Open Meetings Act. Any resident of this9
state may file a civil action in district court as provided in section10
84-1414 for the purpose of requiring compliance with or preventing11
violations of such sections. 12
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