AN ACT TO ENACT THE MISSISSIPPI IMMIGRATION ENFORCEMENT ACT OF 2026; TO IMPOSE A FEE ON CERTAIN LICENSEES PURSUANT TO THE MISSISSIPPI MONEY TRANSMITTERS ACT TO BE DIRECTED TO THE DEPARTMENT OF REVENUE; THE DEPARTMENT OF REVENUE SHALL DIRECT ALL REVENUES DERIVED FROM THIS FEE INTO THE ILLEGAL IMMIGRATION ENFORCEMENT FUND; TO CREATE THE ILLEGAL IMMIGRATION ENFORCEMENT FUND AS A SPECIAL FUND WITHIN THE STATE TREASURY; TO SET FORTH THE PURPOSES OF THE FUND; TO CREATE THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT THE PURPOSE OF THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT IS TO ENFORCE IMMIGRATION LAWS AS AUTHORIZED PURSUANT TO FEDERAL LAWS, INCLUDING UNDER SECTION 287(G) OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT, 8 USC § 1357, AND PURSUANT TO THE LAWS OF THIS STATE; TO PROVIDE FOR A SPECIFIC APPROPRIATION TO THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT; TO REQUIRE EACH LAW ENFORCEMENT AGENCY OPERATING A COUNTY DETENTION FACILITY MUST ENTER INTO A WRITTEN AGREEMENT WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT TO PARTICIPATE IN THE IMMIGRATION PROGRAM ESTABLISHED UNDER SECTION 287(G) OF THE IMMIGRATION AND NATIONALITY ACT, 8 USC § 1357 BY A CERTAIN DATE; TO AUTHORIZE THE GOVERNOR TO REMOVE FROM OFFICE ANY SHERIFF OR OTHER LOCAL OFFICIAL RESPONSIBLE FOR OPERATING A COUNTY DETENTION FACILITY FOR NEGLECT OR FAILURE TO PERFORM THE DUTIES OF THE OFFICE AS REQUIRED BY THIS ACT; TO PROVIDE THAT A GOVERNMENTAL ENTITY MAY NOT EXECUTE, AMEND, OR RENEW A CONTRACT WITH A COMMON CARRIER OR CONTRACTED CARRIER IF THE CARRIER IS WILLFULLY PROVIDING ANY SERVICE IN FURTHERANCE OF TRANSPORTING A PERSON INTO THE STATE OF MISSISSIPPI KNOWING THAT THE PERSON IS AN UNAUTHORIZED ALIEN, EXCEPT TO FACILITATE THE DETENTION, REMOVAL OR DEPARTURE OF THE PERSON FROM THIS STATE OR THE UNITED STATES; TO ALLOW A TAX CREDIT EQUAL TO THE AMOUNT OF ALL MONEY TRANSMISSION FEES ASSESSED PURSUANT TO SECTION 2 OF THIS ACT AND PAID BY THE TAXPAYER DURING THE TAX YEAR; AND FOR RELATED PURPOSES.
Impact
The act imposes specific compliance obligations on county detention facilities, requiring them to enter agreements with the United States Immigration and Customs Enforcement (ICE) to facilitate cooperation under federal law. Such provisions significantly alter the way local law enforcement agencies manage detainees, placing an emphasis on compliance with federal immigration mandates. Additionally, government entities will be prohibited from contracting with carriers known to transport unauthorized individuals into the state, enhancing legal accountability in transportation services.
Summary
Senate Bill 2800, known as the Mississippi Immigration Enforcement Act of 2026, aims to create a robust framework for enforcing immigration laws in Mississippi. The bill mandates the establishment of the Illegal Immigration Enforcement Unit within the Department of Public Safety, which will enforce immigration laws as authorized by both federal and state regulations. This unit’s operations will be funded through a newly established Illegal Immigration Enforcement Fund, sustained by fees collected from money transmission businesses and other designated sources, ensuring a consistent revenue stream for its activities.
Contention
The bill is likely to spark considerable debate regarding its implications for immigrant communities and local jurisdictions. Critics may argue that expanding immigration enforcement may lead to increased distrust between law enforcement and communities, potentially hindering public safety. Concerns about the financial burden on local resources and the ethical implications of enforced compliance with federal immigration policies are also pivotal points of contention. Proponents, however, assert that this legislation is necessary to uphold the rule of law and curb unlawful immigration in Mississippi.
Law enforcement agencies; authorize chief law enforcement officers to appoint or deputize officers without prohibition on length of service in said capacity.