Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 963
Introduced by McKinney, 11.
Read first time January 12, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to immigration; to amend section 83-176,1
Reissue Revised Statutes of Nebraska, and section 83-170, Revised2
Statutes Supplement, 2025; to prohibit agreements relating to3
immigration enforcement by state agencies and officials without4
legislative approval; to state findings; to define terms; to change5
provisions of the Nebraska Treatment and Corrections Act relating to6
detention of prisoners; and to repeal the original sections.7
Be it enacted by the people of the State of Nebraska,8
LB963
2026
LB963
2026
-1-
Section 1. (1) The Legislature finds and declares that:1
(a) State agencies and state officials entering into agreements to2
enforce immigration law or to investigate, interrogate, detain, detect,3
or arrest persons for immigration enforcement purposes pursuant to such4
agreement is a matter of statewide concern; 5
(b) The public is entitled to receive notice and have an opportunity6
to be heard concerning such agreements; and 7
(c) Such agreements should only be authorized when they have been8
approved by the Legislature. 9
(2) For purposes of this section: 10
(a)(i) Immigration enforcement agreement means an agreement,11
contract, lease, or memorandum of understanding between a state agency12
and any other public entity, pursuant to which the state agency will13
enforce immigration law or investigate, interrogate, detain, detect, or14
arrest persons for immigration enforcement purposes.15
(ii) Immigration enforcement agreement does not include an agreement16
between a state agency and a public entity, including the United States17
Department of Homeland Security, relating to investigating violations of18
laws prohibiting human trafficking or enforcing such laws; and19
(b) Public entity means the United States; any state, county, or20
municipality; and any branch, subdivision, board, commission, department,21
agency, or other instrumentality of such entities.22
(3) A state agency or official shall not enter into any immigration23
enforcement agreement without first receiving approval from the24
Legislature. Any immigration enforcement agreement that has not been25
approved by the Legislature is void and unenforceable.26
(4) Any immigration agreement entered into by a state agency or27
official prior to the effective date of this act is void and28
unenforceable. 29
Sec. 2. Section 83-170, Revised Statutes Supplement, 2025, is30
amended to read: 31
LB963
2026
LB963
2026
-2-
83-170 As used in the Nebraska Treatment and Corrections Act, unless1
the context otherwise requires: 2
(1) Board means the Board of Parole; 3
(2) Committed offender means any person who, under any provision of4
the laws of this state law, is sentenced or committed to a facility5
operated by the department or is sentenced or committed to the department6
other than a person adjudged to be as described in subdivision (1), (2),7
(3)(b), or (4) of section 43-247 by a juvenile court;8
(3) Department means the Department of Correctional Services;9
(4) Director means the Director of Correctional Services;10
(5) Facility means any prison, reformatory, training school,11
reception center, community guidance center, group home, or other12
institution operated by the department; 13
(6) Good time means any reduction of sentence granted pursuant to14
sections 83-1,107 and 83-1,108; 15
(7) Maximum term means the maximum sentence provided by law or the16
maximum sentence imposed by a court, whichever is shorter;17
(8) Minimum term means the minimum sentence provided by law or the18
minimum sentence imposed by a court, whichever is longer;19
(9) Pardon authority means the power to remit fines and forfeitures20
and to grant respites, reprieves, pardons, or commutations;21
(10) Parole term means the time from release on parole to the22
completion of the maximum term, reduced by good time;23
(11) Person committed to the department means any person sentenced24
or committed to a facility within the department; 25
(12) Restrictive housing means conditions of confinement that26
provide limited contact with other offenders, strictly controlled27
movement while out of cell, and out-of-cell time of less than twenty-four28
hours per week; and 29
(13) Solitary confinement means the status of confinement of an30
inmate in an individual cell having solid, soundproof doors and which31
LB963
2026
LB963
2026
-3-
deprives the inmate of all visual and auditory contact with other1
persons. 2
Sec. 3. Section 83-176, Reissue Revised Statutes of Nebraska, is3
amended to read: 4
83-176 (1) Whenever any person is sentenced or committed under any5
provision of the laws of this state law to a specific facility within the6
department or to the custody of the warden or superintendent of such7
facility, he or she shall be deemed to be sentenced or committed to the8
department. 9
(2) The director may designate as a place of confinement of a person10
committed to the department any available, suitable, and appropriate11
residence facility or institution, whether or not operated by the state,12
and may at any time transfer such person from one place of confinement to13
another. 14
Sec. 4. Original section 83-176, Reissue Revised Statutes of15
Nebraska, and section 83-170, Revised Statutes Supplement, 2025, are16
repealed. 17
LB963
2026
LB963
2026
-4-