Immigration policy; creating the Prohibition on Sanctuary Policies for Illegal Immigration Act. Effective date.

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SENATE FLOOR VERSION
March 4, 2025

SENATE BILL NO. 868 By: Frix and Jett of the Senate

and

Hill of the House

An Act relating to immigration policy; creating the
Prohibition on Sanctuary Policies for Illegal
Immigration Act; providing short title; defining
terms; prohibiting certain policy; requiring support
of federal immigration law; prohibiting certain
restriction on certain actions; requiring certain
documentation; authorizing certain transport of
detainee; disallowing certain detainment; stating
certain clarifications; requiring certain agreements
between county correctional facilities and federal
immigration agency; authorizing certain action for
violation; authorizing certain relief; requiring
court to enjoin policy in certain event; stating
criteria for certain injunction; authorizing Governor
to suspend certain funding; providing for
codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 22-126.1 of Title 11, unless
there is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Prohibition
on Sanctuary Policies for Illegal Immigration Act”.
B. As used in this section:

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1. “Federal immigration agency” means the United States
Department of Justice and the United States Department of Homeland
Security, a division within such an agency, including United States
Immigration and Customs Enforcement and United States Customs and
Border Protection, any successor agency, and any other federal
agency charged with the enforcement of immigration law;
2. “Immigration detainer” means a facially sufficient written
or electronic request issued by a federal immigration agency using
that agency’s official form to request that another law enforcement
agency detain a person based on probable cause to believe that the
person to be detained is a removable alien under federal immigration
law, including detainers issued pursuant to 8 U.S.C., Sections 1226
and 1357 along with a warrant described in subparagraph c of this
section. For purposes of this section, an immigration detainer is
deemed facially sufficient if:
a. the federal immigration agency’s official form is
complete and indicates on its face that the federal
immigration official has probable cause to believe
that the person to be detained is a removable alien
under federal immigration law, or the federal
immigration agency’s official form is incomplete and
fails to indicate on its face that the federal
immigration official has probable cause to believe
that the person to be detained is a removable alien

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under federal immigration law, but is supported by an
affidavit, order, or other official documentation that
indicates that the federal immigration agency has
probable cause to believe that the person to be
detained is a removable alien under federal
immigration law, and
b. the federal immigration agency supplies with its
detention request a Form I-200 Warrant for Arrest of
Alien or a Form I-205 Warrant of Removal/Deportation
or a successor warrant or other warrant authorized by
federal law;
3. “Inmate” means a person in the custody of a law enforcement
agency;
4. “Law enforcement agency” means an agency in this state
charged with enforcement of state, county, municipal, or federal
laws or with managing custody of detained persons in this state and
includes municipal police departments, sheriffs’ offices, state
police departments, state university and college police departments,
county correctional agencies, and the Department of Corrections;
5. “Local governmental entity” means any county, municipality,
or other political subdivision of this state;
6. “Sanctuary policy” means a law, policy, practice, procedure,
or custom adopted or allowed by a state entity or local governmental
entity which prohibits or impedes a law enforcement agency from

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complying with 8 U.S.C., Section 1373 or which prohibits or impedes
a law enforcement agency from communicating or cooperating with a
federal immigration agency so as to limit such law enforcement
agency in, or prohibit the agency from:
a. complying with an immigration detainer,
b. complying with a request from a federal immigration
agency to notify the agency before the release of an
inmate or detainee in the custody of the law
enforcement agency,
c. providing a federal immigration agency access to an
inmate for interview,
d. participating in any program or agreement authorized
under Section 287 of the Immigration and Nationality
Act, 8 U.S.C., Section 1357, or
e. providing a federal immigration agency with an
inmate’s incarceration status or release date; and
7. “State entity” means the state or any office, board, bureau,
commission, department, branch, division, or institution thereof,
including institutions within the state University System.
C. A state entity, law enforcement agency, or local
governmental entity shall not adopt or have in effect a sanctuary
policy.
D. 1. A law enforcement agency shall use best efforts to
support the enforcement of federal immigration law. This subsection

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applies to an official, representative, agent, or employee of the
entity or agency only when he or she is acting within the scope of
his or her official duties or within the scope of his or her
employment.
2. Except as otherwise expressly prohibited by federal law, a
state entity, local governmental entity, or law enforcement agency,
or an employee, an agent, or a representative of the entity or
agency, may not prohibit or in any way restrict a law enforcement
agency from taking any of the following actions with respect to
information regarding a person’s immigration status:
a. sending the information to or requesting, receiving,
or reviewing the information from a federal
immigration agency for purposes of this chapter,
b. recording and maintaining the information for purposes
of this act,
c. exchanging the information with a federal immigration
agency or another state entity, local governmental
entity, or 136 law enforcement agency for purposes of
this act,
d. using the information to comply with an immigration
detainer, or
e. using the information to confirm the identity of a
person who is detained by a law enforcement agency.

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3. a. For purposes of this subsection, the term “applicable
criminal case” means a criminal case in which:
(1) the judgment requires the defendant to be
confined in a secure correctional facility, and
(2) the judge:
(a) indicates in the record that the defendant
is subject to an immigration detainer, or
(b) otherwise indicates in the record that the
defendant is subject to a transfer into
federal custody.
b. In an applicable criminal case, when the judge
sentences a defendant who is the subject of an
immigration detainer to confinement, the judge shall
issue an order requiring the secure correctional
facility in which the defendant is to be confined to
reduce the defendant’s sentence by a period of not
more than twelve (12) days on the facility’s
determination that the reduction in sentence will
facilitate the seamless transfer of the defendant into
federal custody.
c. If the information specified in subdivision a of
division 2 of subparagraph a of this paragraph or
subdivision b of division 2 of subparagraph a of this
paragraph is not available at the time the sentence is

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pronounced in the case, but is received by a law
enforcement agency afterwards, the law enforcement
agency shall notify the judge, who shall issue the
order provided for in subparagraph b of this paragraph
as soon as the information becomes available.
4. A state entity, local governmental entity, or law
enforcement agency that withholds information regarding the
immigration information of a victim of or witness to a criminal
offense pursuant to paragraph 8 of this subsection shall document
the victim’s or witness’s cooperation in the entity’s or agency’s
investigative records related to the offense and shall retain the
records for at least ten (10) years for the purpose of audit,
verification, or inspection by the Auditor General.
5. When a county correctional facility or the Department of
Corrections receives verification from a federal immigration agency
that a person subject to an immigration detainer is in the law
enforcement agency’s custody, the agency may securely transport the
person to a federal facility in this state or to another point of
transfer to federal custody outside the jurisdiction of the law
enforcement agency. The law enforcement agency may transfer a
person who is subject to an immigration detainer and is confined in
a secure correctional facility to the custody of a federal
immigration agency not earlier than twelve (12) days before his or
her release date. A law enforcement agency shall obtain judicial

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authorization before securely transporting an alien to a point of
transfer outside of this state.
6. This section does not require a state entity, local
governmental entity, or law enforcement agency to provide a federal
immigration agency with information related to a victim of or a
witness to a criminal offense if the victim or witness timely and in
good faith responds to the entity’s or agency’s request for
information and cooperation in the investigation or prosecution of
the offense.
7. This section does not authorize a law enforcement agency to
detain an alien unlawfully present in the United States pursuant to
an immigration detainer solely because the alien witnessed or
reported a crime or was a victim of a criminal offense.
8. This section does not apply to any alien unlawfully present
in the United States if he or she is or has been a necessary witness
or victim of a crime of domestic violence, rape, sexual
exploitation, sexual assault, murder, manslaughter, assault,
battery, human trafficking, kidnapping, false imprisonment,
involuntary servitude, fraud in foreign labor contracting,
blackmail, extortion, or witness tampering.
E. Each county correctional facility shall enter into an
agreement or agreements with a federal immigration agency for
temporarily housing persons who are the subject of immigration
detainers and for the payment of the costs of housing and detaining

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such persons. A compliant agreement may include any contract
between a correctional facility and a federal immigration agency for
housing or detaining persons subject to immigration detainers, such
as basic ordering agreements in effect on or after July 1, 2019,
agreements authorized by Section 287 of the Immigration and
Nationality Act, 8 U.S.C., Section 1357, or successor agreements and
other similar agreements authorized by federal law.
F. 1. Any executive or administrative state, county, or
municipal officer who violates his or her duties under this chapter
may be subject to action by the Governor in the exercise of his or
her authority under the Oklahoma Constitution and state law. The
Governor may initiate judicial proceedings in the name of the state
against such officers to enforce compliance with any duty under this
chapter or restrain any unauthorized act contrary to this chapter.
2. In addition, the Attorney General may file suit against a
local governmental entity or local law enforcement agency in a court
of competent jurisdiction for declaratory or injunctive relief for a
violation of this chapter.
3. If a local governmental entity or local law enforcement
agency violates this chapter, the court must enjoin the unlawful
sanctuary policy. The court has continuing jurisdiction over the
parties and subject matter and may enforce its orders with the
initiation of contempt proceedings as provided by law.

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4. An order approving a consent decree or granting an
injunction must include written findings of fact that describe with
specificity the existence and nature of the sanctuary policy that
violates this chapter.
5. If the Governor finds that a local governmental entity or
local law enforcement agency has violated this chapter, the Governor
may suspend any state funding set to be distributed to that local
governmental entity or local law enforcement agency until a court
enjoins the unlawful sanctuary policy.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 4, 2025 - DO PASS