House Bill 538 would amend Mississippi’s existing anti-sanctuary statute to apply to nearly every public entity in the state, including agencies, counties, municipalities, universities and law enforcement departments. Supporters say the measure reinforces federal supremacy in immigration enforcement. Critics warn it could expose local officials to punishment for refusing unlawful orders.
Rep. Joey Hood, R-Ackerman, who presented the bill, framed it as a modest expansion of existing law.
“We're not compelling the state to do anything with regard to enforcement of immigration laws,” Hood said during floor debate. “It's just saying they cannot get in the way or limit, restrict, ban or interfere with enforcement of those laws.”
Mississippi already prohibits counties and municipalities from adopting policies that limit cooperation with federal immigration authorities. HB 538 broadens that prohibition and requires covered entities to cooperate with the federal government “to the fullest extent possible,” including complying with ICE detainer requests and providing information when requested.
In addition, the measure authorizes the attorney general to investigate alleged violations and prosecute offending entities or individuals.
One of the most significant provisions is a waiver of sovereign immunity for entities found in violation of the law. That means certain public bodies could lose traditional legal protections if they are determined to have adopted or enforced a policy that conflicts with the law.
During floor debate, several Democrats pressed Hood on whether the bill addresses an actual problem in Mississippi.
“You can't name a county or a municipality who hasn't participated in helping the federal government with respect to law enforcement,” Rep. Chris Bell, D-Jackson, said.
Hood responded that the bill builds on an existing statute and clarifies state policy moving forward.
Other lawmakers asked whether the measure could create unintended consequences for local officials.
Rep. Robert Johnson, D-Natchez, raised concerns that the bill does not distinguish between lawful and unlawful federal conduct. He argued that local law enforcement officers should not be penalized for intervening if they witness constitutional violations.
“There should be some protection for our own local law enforcement who understand the law and watch the law and say, hey, guys, you all are wrong, so you need to stop. I don’t want them penalized for saying that,” Johnson said.
Lawmakers also raised questions about the bill’s reference to providing information on “all aliens” within the state when requested by federal authorities, arguing that the language could be interpreted broadly to include confidential health and tax records.
Rep. Bryant Clark, D-Pickens, offered an amendment that would have required cooperation only with lawful enforcement actions and clarified that officials are not obligated to assist in illegal conduct.
“I don't think we really realize what we're about to do,” Clark said.
The amendment failed.
The debate reflected broader national tensions over immigration enforcement and the balance between federal authority and local control. While Mississippi does not have any officially designated sanctuary cities, supporters said the legislation sends a clear signal that the state will not tolerate policies they view as friendly to illegal immigration.
After extended debate, the House passed the bill 77-40, largely along party lines. It now heads to the Senate for consideration.
