SB 525

 Session of 2026
                       SENATE BILL No. 525
                   By Committee on Federal and State Affairs
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1 AN ACT concerning immigration; relating to the enforcement of detainers
2   issued by the United States immigration and customs enforcement by a
3   county sheriff operating a county jail; requiring municipal insurance
4   pools to provide coverage of law enforcement agencies enforcing
5   federal law; requiring the state to pay certain judgments in federal civil
6   action and provide legal representation by the attorney general;
7   exempting section 287(g) agreements from certain provisions of the
8   interlocal cooperation act; amending K.S.A. 12-2904 and repealing the
9   existing section.
10
11 Be it enacted by the Legislature of the State of Kansas:
12    New Section 1. (a) Any sheriff operating a jail pursuant to K.S.A. 19-
13 1901, and amendments thereto, has authority to detain a person with:
14    (1) A facially sufficient immigration detainer request issued by the
15 United States immigration and customs enforcement (ICE) on form I-247A
16 issued pursuant to 8 U.S.C. §§ 1226 and 1357 and hold such person
17 without criminal charges for the purpose of transferring custody to the
18 United States immigration and customs enforcement; or
19    (2) a warrant as described in subsection (c).
20    (b) An immigration detainer request form I-247A presented to a jail
21 as provided in subsection (a)(1) is deemed facially sufficient if either of
22 the following applies:
23    (1) The United States immigration and customs enforcement form I-
24 247A presented to law enforcement:
25    (A) Clearly states the identity of the person to be detained;
26    (B) has box 1, statement of probable cause, or box 2, transfer of
27 custody, completed; and
28    (C) is signed by a United States immigration and customs
29 enforcement official; or
30    (2) the United States immigration and customs enforcement form I-
31 247A meets the requirements of subsections (b)(1)(A) and (C) but not
32 subsection (b)(1)(B) and is supported by a signed warrant as described in
33 subsection (c) or other affidavit or official documentation provided to the
34 sheriff stating the United States immigration and customs enforcement has
35 probable cause to believe that the person to be detained is unlawfully
36 present in the United States.
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1    (c) A warrant shall satisfy subsection (a)(2) or (b)(2) if it includes:
2    (1) A United States department of homeland security form I-200,
3 warrant for arrest of alien; or
4    (2) a United States immigration and customs enforcement form I-205,
5 warrant of removal or a successor warrant or other warrant authorized by
6 federal law.
7    (d) After reviewing the form I-247A and finding that such form
8 complies with the requirements of subsection (b), a sheriff operating a jail
9 having custody of a person under the authority of subsection (a) shall:
10    (1) Inform the person that such person is being held pursuant to an
11 immigration detainer request issued by the United States immigration and
12 customs enforcement;
13    (2) provide a copy of the form I-247A to the person being held as
14 soon as practicable;
15    (3) inform the United States immigration and customs enforcement
16 that such person is in the custody of the sheriff on an immigration detainer;
17 and
18    (4) complete the law enforcement agency section of the form I-247A
19 and submit such form to the United States immigration and customs
20 enforcement.
21    (e) The sheriff operating a jail shall release a person being held under
22 subsection (a) upon:
23    (1) The receipt of a subsequent form I-247A with the box checked
24 canceling the detainer request;
25    (2) a finding that the detainer does not meet the requirements of
26 subsection (b); or
27    (3) the person who is being held provides proof of citizenship of the
28 United States or has been confirmed by the United States immigration and
29 enforcement as being a person lawfully present in the United States.
30    (f) As used in this section, "proof of citizenship" includes:
31    (1) A birth certificate;
32    (2) a United States passport indicating citizenship;
33    (3) an official United States document showing completed
34 naturalization of citizenship;
35    (4) a court order declaring a person's United States citizenship; or
36    (5) any other official document of the United States or the state of
37 Kansas indicating the person is a United States citizen.
38    New Sec. 2. Any municipal insurance pool issuing liability coverage
39 for law enforcement under the Kansas municipal group-funded pool act
40 shall continue such coverage and include coverage for law enforcement
41 operations authorized by the covered agency enforcing federal law in
42 cooperation with federal agencies to the same extent of the coverage for
43 enforcing state and local law regardless of whether the cooperation is
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1 under a written agreement and whether the officers involved are deputized
2 by the federal agency. If the United States department of justice or the
3 Kansas office of the attorney general does not provide legal representation
4 in an action against the covered local law enforcement agency, the
5 municipal insurance pool coverage shall provide the legal representation.
6 The municipal insurance pool may also provide legal representation to
7 protect its interest in a case in which the United States department of
8 justice or the Kansas office of the attorney general is providing legal
9 representation.
10     New Sec. 3. (a) In any federal civil action against a law enforcement
11 agency or an officer working under an agreement with the United States
12 immigration and customs enforcement for a section 287(g) program
13 authorized by 8 U.S.C. § 1357(g), if a judgment is rendered against such
14 agency or such officer of the agency and the agency or officer was acting
15 in good faith, the state shall pay such judgment costs or any portion
16 thereof that the United States department of justice has failed to cover.
17     (b) In any state civil action against a law enforcement agency or an
18 officer acting in good faith pursuant to an agreement with the United
19 States immigration and customs enforcement for a section 287(g) program
20 authorized by 8 U.S.C. § 1357(g) or a detainer and takes a person into
21 custody, such law enforcement agency or officer shall be entitled to
22 immunity for any civil liability.
23     New Sec. 4. (a) If a federal civil action is brought against a law
24 enforcement agency that has entered into an agreement with the United
25 States immigration and customs enforcement for a section 287(g) program
26 authorized by 8 U.S.C. § 1357(g) or an officer of such law enforcement
27 agency who has been deputized under any such agreement and such law
28 enforcement agency or officer was acting in good faith under the terms of
29 such agreement, the attorney general shall represent or provide
30 representation of the law enforcement agency and officer in such action.
31     (b) If a habeas corpus action is filed against a law enforcement
32 agency that has entered into an agreement with the United States
33 immigration and customs enforcement for a section 287(g) program
34 authorized by 8 U.S.C. § 1357(g) and such law enforcement agency was
35 acting in good faith to hold a person under authority of a detainer request
36 issued by the United States immigration and customs enforcement, the
37 attorney general shall provide legal representation at any habeas corpus
38 hearing held in such action.
39     Sec. 5. K.S.A. 12-2904 is hereby amended to read as follows: 12-
40 2904. (a) Subject to the limitations of subsection (g), any power or powers,
41 privileges or authority exercised or capable of exercise by a public agency
42 of this state, including, but not limited to, those functions relating to
43 economic development, public improvements, public utilities, police
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1 protection, public security, public safety and emergency preparedness,
2 including, but not limited to, intelligence, antiterrorism and disaster
3 recovery, libraries, data processing services, educational services, building
4 and related inspection services, flood control and storm water drainage,
5 weather modification, sewage disposal, refuse disposal, park and
6 recreational programs and facilities, ambulance service, fire protection, the
7 Kansas tort claims act or claims for civil rights violations, may be
8 exercised and enjoyed jointly with any other public agency of this state or
9 with any private agency, and jointly with any public agency of any other
10 state or of the United States to the extent that the laws of such other state
11 or of the United States permit such joint exercise or enjoyment. Any
12 agency of the state government when acting jointly with any public or
13 private agency may exercise and enjoy all of the powers, privileges and
14 authority conferred by this act upon a public agency.
15     (b) Any public agency may enter into agreements with one or more
16 public or private agencies for joint or cooperative action pursuant to the
17 provisions of this act. Appropriate action by ordinance, resolution or
18 otherwise pursuant to law of the governing bodies of the participating
19 public agencies shall be necessary before any such agreement may enter
20 into force.
21     (c) (1) Any public agency may enter into agreements with Native
22 American Indian tribes for joint or cooperative actions. Such agreements
23 shall be considered to be an interlocal agreement and shall be subject to
24 the procedures and limitations of the interlocal cooperation act.
25     (2) The provisions of this subsection shall not be construed as
26 authorizing a public agency to enter into a gaming compact pursuant to the
27 interlocal cooperation act.
28     (d) Any such agreement shall specify the following:
29     (1) Its duration.;
30     (2) the precise organization, composition and nature of any separate
31 legal or administrative entity created thereby together with the powers
32 delegated thereto.;
33     (3) its purpose or purposes.;
34     (4) the manner of financing the joint or cooperative undertaking and
35 of establishing and maintaining a budget therefor.;
36     (5) the permissible method or methods to be employed in
37 accomplishing the partial or complete termination of the agreement and for
38 disposing of property upon such partial or complete termination.; and
39     (6) any other necessary and proper matters.
40     (e) In addition to the requirements of subsection (d), if the agreement
41 does not establish a separate legal entity to conduct the joint or cooperative
42 undertaking, the agreement also shall contain the following:
43     (1) Provision for an administrator or a joint board or one of the
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1 participating public agencies to be responsible for administering the joint
2 or cooperative undertaking. In the case of a joint board public agencies
3 party to the agreement shall be represented.; and
4     (2) the manner of acquiring, holding and disposing of real and
5 personal property used in the joint or cooperative undertaking.
6     (f) No agreement made pursuant to this act shall relieve any public
7 agency of any obligation or responsibility imposed upon it by law, except
8 that to the extent of actual and timely performance thereof by a joint board
9 or other legal or administrative entity created by an agreement made
10 hereunder, such performance may be offered in satisfaction of the
11 obligation or responsibility.
12     (g) Every agreement made hereunder, except: (1) Agreements
13 between two or more public agencies establishing a council or other
14 organization of local governments for the study of common problems of an
15 area or region and for the promotion of intergovernmental cooperation;
16 and (2) agreements entered into regarding joint or cooperative action that
17 are subject to the oversight and regulation of a Kansas regulatory agency,
18 prior to and as a condition precedent to its entry into force, shall be
19 submitted to the attorney general, who shall determine whether the
20 agreement is in proper form and compatible with the laws of this state. The
21 attorney general shall approve any agreement submitted hereunder unless
22 the attorney general shall find that it such agreement does not meet the
23 conditions set forth herein and shall detail in writing addressed to the
24 governing bodies of the public and private agencies concerned the specific
25 respects in which the proposed agreement fails to meet the requirements of
26 law. Failure to disapprove an agreement submitted hereunder within 90
27 days of its submission shall constitute approval thereof.
28     (h) For the purposes of entering an agreement with the United States
29 immigration and customs enforcement for a section 287(g) program
30 authorized by 8 U.S.C. § 1357(g), a sheriff shall be exempt from
31 subsections (a), (b) and (c) and may sign such agreement without further
32 authorization of the board of county commissioners.
33     Sec. 6. K.S.A. 12-2904 is hereby repealed.
34     Sec. 7. This act shall take effect and be in force from and after its
35 publication in the statute book.