Session of 2025
SENATE BILL No. 178
By Committee on Federal and State Affairs
2-4
1AN ACT concerning law enforcement agencies; relating to enforcement of
2immigration laws; requiring certain law enforcement agencies to apply
3for and enter into agreements with United States immigration and
4customs enforcement; providing a cause of action and penalties for
5failure to comply.
6
7Be it enacted by the Legislature of the State of Kansas:
8Section 1. (a) As soon as practicable after the effective date of this
9act, each law enforcement agency shall submit a request to United States
10immigration and customs enforcement pursuant to the federal immigration
11and nationality act, 8 U.S.C. § 1357(g), to enter into an agreement with
12United States immigration and customs enforcement to designate certain
13law enforcement officers employed by such law enforcement agency to be
14authorized to assist in the enforcement of federal immigration laws. Each
15law enforcement agency that is offered such an agreement by the director
16of United States immigration and customs enforcement shall enter into
17such agreement. Any such agreement shall include a description of the
18scope of and the limitations on the authority granted to the designated law
19enforcement officers. A copy of any such agreement shall be submitted to
20the attorney general upon execution.
21(b) Any law enforcement agency that fails to enter an agreement as
22required by this section shall submit written notice to the attorney general
23of such failure. Such written notice shall include documentation
24establishing that a request was properly submitted to United States
25immigration and customs enforcement but that no agreement was offered
26to such law enforcement agency.
27(c) The attorney general shall send written notice to each law
28enforcement agency that does not timely enter into an agreement or submit
29a written notice of failure to enter into an agreement. A law enforcement
30agency that receives a written notice pursuant to this subsection shall
31become compliant with this section within 30 days after receipt of such
32notice.
33(d) The attorney general may bring a cause of action against any law
34enforcement agency that fails to comply with this section after the time
35period specified in subsection (c). Such action shall be brought in the
36district court of Shawnee county. The attorney general may seek injunctive
1relief to bring the law enforcement agency into compliance with this
2section and such other relief as the attorney general deems necessary. The
3court may award reasonable expenses, including attorney fees, court costs,
4witness fees, deposition costs and other investigatory costs, if the attorney
5general is the prevailing party.
6(e) Upon a final, nonappealable decision by a court of competent
7jurisdiction that a law enforcement agency failed to comply with the
8provisions of this section, such law enforcement agency shall be ineligible
9to receive any state grant moneys that may be awarded but as yet are
10unpaid to such law enforcement agency, and no state grant moneys shall be
11awarded or paid to such law enforcement agency during the ensuing fiscal
12year. The attorney general shall send a copy of any such judicial order to
13the state treasurer, the director of the budget and the director of the
14legislative research. Upon receipt of such order, the director of budget
15shall certify to the director of accounts and reports an amount to be lapsed
16or reduced from an expenditure limitation.
17(f) As used in this section:
18(1) "Law enforcement agency" means a city police department, a
19county sheriff's department, a county law enforcement department
20established pursuant to K.S.A. 19-4401 et seq., and amendments thereto, a
21law enforcement agency established pursuant to the consolidated city-
22county powers in K.S.A. 12-345, and amendments thereto, a county police
23department or any other law enforcement department of a taxing political
24subdivision of the state; and
25(2) "state grant moneys" means financial aid, gifts, grants or other
26payments to a law enforcement agency made by a state agency pursuant to
27a written agreement whether such money is derived from state or federal
28revenue sources.
29Sec. 2. This act shall take effect and be in force from and after its
30publication in the Kansas register.