Immigration

This Senate resolution affirms that the United States and Kentucky constitutions are the supreme laws within the state, taking precedence over any foreign legal systems. The measure specifically targets Sharia law, stating that it cannot interfere with or undermine constitutional rights and protections for residents. By condemning foreign legal doctrines that conflict with local laws, the resolution declares the Senate's intent to safeguard these constitutional guarantees.

Amend KRS 116.045 to require a county clerk to verify the United States citizenship of voter registration applicants with the United States Social Security Administration; amend KRS 116.095 to remove language relating to Social Security numbers to conform; amend KRS 116.115 to remove exception for those registering to vote who are unable to provide a Social Security number, and to conform.

Create a new section of KRS Chapter 16 to define "Task Force Model Program"; require Kentucky State Police posts to enter into agreements with the United States Immigration and Customs Enforcement to participate in the Task Force Model Program; require Kentucky State Police officers who participate in the Task Force Model Program to complete Immigration and Customs Enforcement training; amend KRS 15.404 to provide that any peace officer who completes Immigration and Customs Enforcement training will be deemed to have completed annual in-service training; require the Kentucky Law Enforcement Council to certify the Immigration Authority Delegation Program as an approved in-service training program.

This bill defines "unauthorized alien" as a person unlawfully present in the U.S. under federal immigration law. It makes it a Class A misdemeanor for such individuals to knowingly seek or perform work for pay in Kentucky. The law would directly affect non-citizens working without authorization in the state, criminalizing their employment activity while using plain language to describe the prohibition.

Create a new section of KRS Chapter 431 to define terms; provide that a person shall not be eligible for pretrial release until he or she can provide proof of citizenship or that he or she is lawfully permitted to be in the United States; provide that a person shall not be held for longer than 48 hours due to his or her inability to provide proof of citizenship or permission to be in the United States; require a law enforcement agency, jail, or regional jail that has custody of a person who cannot provide proof of citizenship or that he or she is lawfully permitted to be in the United States to immediately notify the United States Department of Homeland Security to determine if the person is a citizen, lawfully permitted to be in the United States, or subject to a United States Immigration and Customs Enforcement detainer; provide that the lack of proof of citizenship or permission to be in the United States shall be considered when completing a pretrial risk assessment.

Create new sections of KRS Chapter 61 to define terms; prohibit state and local governmental entities from adopting sanctuary policies; require law enforcement agencies to use reasonable resources to support the enforcement of federal immigration law; prohibit policies which would restrict the sharing of information with federal immigration agencies; require compliance with federal requirements when a defendant subject to an immigration detainer has been sentenced in a criminal case; require correctional facilities to provide information regarding the date of discharge to federal immigration agencies and cooperate in the transfer of an inmate to federal custody; require completion of a sentence before an inmate may be transferred to federal custody in cases where the inmate is a violent offender; require a law enforcement agency to provide notice to a judge if a person in their custody is subject to an immigration detainer; require counties to endeavor to enter into agreements with federal immigration agencies regarding the housing of persons in county jails who are subject to immigration detainers; create a rebuttable presumption that a state or local officer who intentionally violates any of the provisions of the Act has committed malfeasance and neglect of duty and is subject to impeachment; allow the Attorney General to make findings that a local government has violated the Act; and to withhold road aid funding if the local government willfully violates the Act by refusing to cease a violation; create a private right of action against an official that has adopted a sanctuary policy; waive immunities when a person is injured by a person released as a result of a sanctuary policy; amend KRS 177.360 and 177.366 to require transfer of road aid moneys to be suspended upon notice by the Attorney General of willful violations by a local government and reinstated upon notice by the Attorney General of compliance; provide that the Act may be cited as the Lawful Immigration System Act of 2026.

Create a new section of KRS Chapter 61 to define "Jail Enforcement Model," "Task Force Model," and "Warrant Service Officer Model"; require local law enforcement and the Kentucky State Police to enter into agreements with the United States Immigration and Customs Enforcement to participate in programs established under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. sec. 1357.