HB344: AN ACT relating to sanctuary policies.

Legislative Summary

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 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 county road aid moneys 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 2025.