Immigration (Sanctuary Policies)

This legislative resolution directs the Judiciary Committee to conduct an interim study on policies that could protect certain community spaces from immigration enforcement. The study focuses on areas like schools, hospitals, and homeless shelters, examining how other states have implemented similar protections and what guidance their attorneys general have issued. It specifically looks at whether these sensitive locations should remain safe from immigration harassment, with exceptions for executing judicial warrants. The committee will review state and local government actions across the country before submitting findings and recommendations to the Legislature.

Nebraska's LB 881 requires law enforcement agencies, county/city jails, and the Nebraska State Patrol to obtain prior approval from their local governing body before entering agreements to enforce immigration law. This applies to any agreement involving immigration enforcement actions like detention or arrest, excluding human trafficking-related agreements. The bill mandates a 30-day written notice to the local governing body, a public hearing, and approval before any new agreement takes effect starting July 1, 2026. Existing agreements must terminate by December 1, 2026, unless approved by the local body by October 15, 2026. Agencies must also report all approved agreements to the Nebraska Commission on Law Enforcement within 60 days.

Nebraska's LB 1034 prohibits school staff, contractors, and agents from allowing federal immigration enforcement officers access to school grounds or students for immigration enforcement purposes without a valid judicial warrant. The bill defines a "valid judicial warrant" as one issued by a judge or magistrate specifically authorizing the requested access, excluding immigration detainers or administrative documents. It explicitly allows schools to comply with valid judicial warrants, court orders, or respond to immediate threats to health or safety. This law directly affects all public K-12 schools in Nebraska and their employees by requiring federal immigration officers to obtain a court-issued warrant before entering school facilities for enforcement actions.

Nebraska's LB 907 prohibits law enforcement officers from entering nonpublic areas of designated community safe spaces (like hospitals, schools, libraries, shelters, and religious facilities) to enforce immigration law without a judicial warrant. The bill requires officers to obtain a search warrant issued by a judge or an arrest warrant if they know the person subject to the warrant is present. Evidence collected in violation of this law would be inadmissible in Nebraska courts. The measure takes immediate effect as an emergency.

LB 963 prohibits Nebraska state agencies from entering into any agreements related to immigration enforcement - such as detaining or arresting individuals for immigration purposes - without prior approval from the Nebraska Legislature. This applies to all state agencies and officials, making unapproved agreements void and unenforceable, with a specific exception for agreements related to human trafficking enforcement. The bill also defines "immigration enforcement agreement" broadly to include contracts, memorandums, or leases with public entities, while excluding human trafficking-related cooperation. It does not change current prison detention policies but modifies definitions in the Nebraska Treatment and Corrections Act to align with these new requirements.