New Mississippi laws aimed at curbing illegal immigration could face challenges from ACLU

• “I cannot confirm or deny that we will be taking legal action against these laws,” said Lydia Grizzell, policy and advocacy manager with ACLU of Mississippi.

Illegal immigration became a hot topic during the 2026 legislative session, with a flurry of bills being introduced, debated, and a few signed into law by the governor.

The bills were mostly backed by Republican lawmakers, although several within the GOP questioned the reason and intent of some of the measures. Democrats, by and large, opposed each bill up for consideration.

The measures covered a gauntlet of subjects, from local and state law enforcement assisting U.S. Immigration and Customs Enforcement to recognizing out-of-state driver’s licenses provided to illegal immigrants.

State Senator Angela Hill (R) said the lawmakers were “putting some teeth” in immigration laws.

However, it is expected that some, if not all, of the measures signed into law will face legal challenges.

“I cannot confirm or deny that we will be taking legal action against these laws,” said Lydia N. Grizzell, policy and advocacy manager at the American Civil Liberties Union of Mississippi.

A Look at the Legislation

Interfering with ICE

HB 538 updated Mississippi’s prohibition on political subdivisions such as cities and counties adopting sanctuary policies to include law enforcement agencies.

In addition, the revised law makes it illegal for state and local law enforcement to interfere with federal authorities working immigration cases, namely ICE. This also includes counties, municipalities, colleges, and those employed by local and state government.

Anyone who interferes with federal agencies could be investigated and face possible legal action by the Mississippi Attorney General’s Office.

“We don’t want any of this sanctuary city type of business happening here in Mississippi. If federal agents are here to enforce federal law, let them do their work and do that properly,” State Senator Jermey England (R) said.

When the bill was introduced in mid-February, less than ten localities had an agreement to help ICE under the federal 287(g) program. Today, there are nearly 30 such agreements within Mississippi municipalities.

During floor debate on the measure, Democrat Senators pushed back on the bill. Senate Minority Leader Derrick Simmons (D) said, “We’ll do so much better as a state if we can fund our schools, provide health care to those Mississippians who are without health care, and work on restoring the fundamental right to vote.”

Immigration status and driver’s licenses

SB 2322 included a provision that invalidates certain out-of-state driver’s licenses issued to individuals who cannot prove they are in the country legally.

READ MORE: Mississippi addresses biological sex, immigration status on driver’s licenses

The legislation requires immigrants to prove they are in the U.S. legally. The license of such persons is to include a number and/or other identifying features, including a designation that the person is not a United States citizen. The license is to expire on the date that person is no longer lawfully present in the United States.

Law enforcement, judges or license examiners who encounter illegal persons during an appearance or through a traffic stop will contact ICE and refer the person to the agency.

The ACLU contends that under this new law, a routine traffic stop can escalate into immigration enforcement. Grizzell said this increases fear and discourages people from obtaining or using any form of licensure, potentially leading to more unlicensed and uninsured drivers.

Senator Hill said the bill is needed for safety and immigration purposes.

“It’s all common sense,” Hill said. “Too many people who can’t speak English or read road signs have caused death and injury on the highways across the country, even in Mississippi. We want out Mississippi roads to be safe.”

However, a small group of senators voted against the measure, saying that millions of Americans could be caught up in the ambiguity of its language. State Senator David Blount (D) expressed his belief that it creates a problem by making licenses that are legal elsewhere no longer recognized in Mississippi.

“This is a bad bill on so many fronts,” Blount said, adding that drivers who are otherwise legally permitted to drive in one state may suddenly be criminalized in another. He said this creates confusion for residents, visitors, and even law enforcement, while also increasing the likelihood of legal disputes.

SHIELD Act

Another measure addressing illegal immigration is SB 2588, the Safeguard Honesty Integrity in Elections for Lasting Democracy (SHIELD) Act.

READ MORE: Governor signs SHIELD Act into law seeking to further safeguard Mississippi elections

This law requires election officials to verify voters’ citizenship using the federal SAVE system when processing voter registrations.

“This is another win for election integrity in Mississippi (and America),” Mississippi Governor Tate Reeves (R) shared after signing the bill into law. “We will continue to do everything in our power to make it infinitely harder—with a goal to make it impossible—to cheat in our elections!”

If an applicant is flagged as potentially not being a citizen, they must provide proof of citizenship or be placed in a pending or rejected status.

The legislation does state that a removal of a voter “may not occur solely based on a SAVE match. Cancellation may occur only upon failure to respond or confirmation of ineligibility” which must not occur within 90 days of a federal election.

During Senate floor debate, Senator England said in the last election, 1.7 million Mississippians were registered to vote. Of that, about 15 noncitizens were found to be registered to vote.

“Why are we putting so much attention on 15 individuals? And you said yourself that some of those were just checking a box that they should not have checked so it could be less than 15,” State Senator Johnny DuPree (D) asked of England.

“If we ever do catch a voter that’s on our rolls that is a not a U.S. citizen and we are able to purge them from the rolls, that’s going to give the people in Mississippi more confidence in our elections, I believe,” said England.

Criminalizing illegal immigration at the state level

SB 2114 criminalized illegal immigration at the state level in Mississippi, making it a misdemeanor offense punishable by imprisonment of not less than six months.

The measure went further by outlining that if an illegal alien was convicted of a criminal offense the imprisonment would be not less than two years, and if it is a crime of violence or a
sex offense, the prison sentence would be not less than five years.

The law also directs the Mississippi Department of Public Safety to determine, on an ongoing basis, the number and identities of all illegal aliens residing in the State of Mississippi, and to work with ICE and other federal agencies to under the 287(g) program. DPS is directed to facilitate and encourage cooperation from state law enforcement agencies with the federal immigration enforcement program

SB 2114 further outlines that by October 1, 2026, each county law enforcement agency operating a county detention facility is to make a reasonable attempt to execute a written agreement with ICE under the 287(g) program. The county agencies are then to provide quarterly compliance updates to DPS along with any reason for noncompliance with this new law.

Global money transfers

One hotly debated illegal immigration bill that died dealt with placing a tax on global money transfers. Senator Hill said the tax was a way to offset illegal immigrants living in Mississippi.

Half of the funds were set to go into the general fund, and the other to a special fund created for first responders.

Members of both parties had reservations before sending it back to the conference, where it died.

Hill said the $7.50 fee on every money transfer and a 1.5% tax on transfers of more than $500 would bring in millions, a figure many senators questioned.

Senate Finance Committee Chairman Briggs Hopson (R) objected to the vague language on how the money was going to be used. State Senator Chris Johnson (R) said placing an extra burden on business was not the Mississippi Way.

“I personally always have concerns about creating a new liability on a business, or an individual working at a business,” Johnson said. “We’re putting a lot of onerous responsibilities on them.”