Lawmakers look to criminalize illegal immigration under Mississippi state law

• The legislation would also require the Mississippi Department of Public Safety and county detention facilities to cooperate with ICE under Section 287(g) of the Immigration and Nationality Act.

A bill passed by the Senate Judiciary B Committee this week would criminalize illegal immigration under state law, making those who enter Mississippi “directly from a foreign nation at any location other than a lawful port of entry” guilty of a felony punishable by not less than two years in prison. If an illegal immigrant is arrested for a crime of violence or a sex offense, that person could be sentenced up five additional years.

The legislation would also require the Mississippi Department of Public Safety to enter into a memorandum of agreement with U.S. Immigration and Customs Enforcement (ICE).

The bill, SB 2114, states that its purpose is to “facilitate and encourage cooperation” between “every county and municipality of this state” and ICE under the 287(g) program.

According to ICE, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g) to the Immigration and Nationality Act, which authorized ICE to delegate state and local law enforcement officers the authority to perform specified immigration officer functions under ICE’s direction and oversight.

The federal program is meant to enhance the safety and security of communities by allowing ICE Enforcement and Removal Operations to partner with state, local, and tribal law enforcement agencies to identify and remove criminal aliens who are amenable to removal from the United States.

The Department of Homeland Security announced in September 2025 that they now have more than 1,000 287(g) program agreements in place with state and local law enforcement agencies. 

The Mississippi bill authored by State Senator Angela Hill (R) outlines that the state Department of Public Safety is to collect information regarding illegal immigrants to include their country of origin, if the person is an adult or minor, any criminal history, if the person has entered the U.S. illegally before, the name and address of the person’s sponsor, and the date, location, and status of attempts to remove the person from the U.S.

The legislation goes on to outline that if an illegal immigrant is arrested in Mississippi, the correctional facility holding that person must notify Customs and Border Protection within seven days to arrange transportation for the return of the person to his country of origin.

In addition, “By October 1, 2026, each law enforcement agency operating a county detention facility shall execute 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.” This would apply to county Sheriff’s Departments across the state.

However, the bill notes, “The requirement under this subsection does not require a law enforcement agency to participate in a particular program model.”

ACLU of Mississippi reacts

The American Civil Liberties Union (ACLU) of Mississippi issued a statement late Wednesday raising concerns over the legislation, saying SB 2114 “would be devastating, not only for undocumented immigrants but for all Mississippians.”

“The new felony statute is vague and gives no mention of what a police officer should look for to question someone on how they entered Mississippi and no probable cause standard for an arrest,” the statement from the ACLU read. “This will undoubtedly result in racial profiling and the detention of citizens and people with legal status. SB 2114 could even put Mississippians at risk of being required to ‘show their papers’ during routine interactions with law enforcement.”

The ACLU contends that “forcing local law enforcement to work for ICE would be a drain on local resources, resources that are already scarce.” The left-leaning non-profit believes the bill would result “in an erosion of public safety.”

“Numerous studies have shown people are less likely to come forward to seek police protection when they know calling 911 could result in their family member or friend being deported,” the group added.