All Roll Calls
Yes: 101 • No: 25
ArkansasSB4262025 Regular SessionSenate
TO CREATE THE DEFENSE AGAINST CRIMINAL ILLEGALS ACT; AND TO ESTABLISH ENHANCED PENALTIES FOR ILLEGAL ALIENS WHO COMMIT SERIOUS FELONIES INVOLVING VIOLENCE.
Sponsored By: Frances Cavenaugh (Republican), Bart Hester (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Local Sanctuary Policies Risk State Funding
The law expands Arkansas's sanctuary-policy ban to counties, cities, towns, unincorporated areas, and other local governments. It covers formal or informal rules limiting immigration-status questions, information sharing, or cooperation with federal immigration officials. It also bars policies granting lawful status contrary to federal law or violating federal immigration-information-sharing rules. Policies restricting immigration detention or transfer requests, or requiring a warrant or more than probable cause, are also covered. A local government found in violation by the Attorney General loses eligibility for state-administered discretionary funds and grants. Eligibility returns only after the policy ends and the Attorney General certifies full compliance. Legislators may request an Attorney General opinion before funds are awarded, and local governments may appeal decisions in Pulaski County Circuit Court. Related investigation records are exempt from disclosure under the state's Freedom of Information Act.
Longer Sentences for Undocumented Violent Offenders
The law requires added prison time for listed violent felonies committed in Arkansas by people unlawfully in the United States. The person's immigration status at the time of the crime controls, and prosecutors must give written notice seeking the enhancement. Covered crimes include specified murder, battery, assault, rape, arson, catastrophe, terrorism, threat, weapons, firearm-discharge, and related felony offenses. Felony attempts, solicitations, and conspiracies to commit covered crimes also qualify. Added terms are up to 4 years for Class D felonies, 10 years for Classes C, B, or A, and 20 years for Class Y. For unclassified felonies, the same tiers apply to maximum sentences of 6 years or less, over 6 through 30 years, and over 30 years or life. The added term runs after other sentences, with no parole, post-release supervision transfer, or community-corrections transfer during that term.
Prisons and Jails Face Immigration Duties
Arkansas's Division of Correction and sheriffs running county jails must apply to the federal Warrant Service Officer Program. This program allows trained officers to carry out certain federal immigration warrants. Accepted agencies must sign and renew agreements with U.S. Immigration and Customs Enforcement. After denial, they must identify the reason, make a good-faith effort to fix it, and reapply. After repeated denials, they may seek a state waiver under rules the Division must adopt. Sheriffs participating in the Jail Enforcement Model are exempt from the warrant program requirements. The federal authority referenced is the version in effect on January 1, 2025; that is not a start date.
Sponsors & Cosponsors
Sponsors
Frances Cavenaugh
Republican • House
Bart Hester
Republican • Senate
Cosponsors
Alyssa Brown
Republican • House
Blake Johnson
Republican • Senate
Sonia Eubanks Barker
Republican • House
Rick Beck
Republican • House
Mary Bentley
Republican • House
Harlan Breaux
Republican • House
Cameron Cooper
Republican • House
Paul Childress
Republican • House
Bruce Cozart
Republican • House
Cindy Crawford
Republican • House
Dan Sullivan
Republican • Senate
Scott Flippo
Republican • Senate
Tony Furman
Republican • House
Gary Stubblefield
Republican • Senate
Jimmy Gazaway
Republican • House
Justin Gonzales
Republican • House
Mike Holcomb
Republican • House
Justin Boyd
Republican • Senate
Jonathan Dismang
Republican • Senate
Jeremiah Moore
Republican • House
Lane Jean
Republican • House
Joey L. Carr
Republican • House
Karilyn Brown
Republican • House
Matt Brown
Republican • House
Matthew J. Shepherd
Republican • House
Ron McNair
Republican • House
Jon Milligan
Republican • House
Jason Nazarenko
Republican • House
Stetson Painter
Republican • House
Chad Puryear
Republican • House
Rebecca Burkes
Republican • House
Marcus E. Richmond
Republican • House
Stan Berry
Republican • House
Matt Stone
Republican • Senate
Randy Torres
Republican • House
Dwight Tosh
Republican • House
Kendon Underwood
Republican • House
Steve Unger
Republican • House
Steven Walker
Republican • House
Roll Call Votes
House vote • 4/9/2025
House Vote - Wednesday, April 9, 2025 8:25:24 PM
Yes: 73 • No: 20 • Other: 2
Senate vote • 4/2/2025
Senate Vote - Wednesday, April 2, 2025 2:19:38 PM
Yes: 28 • No: 5
Actions Timeline
Notification that SB426 is now Act 654
4/18/2025SenateDELIVERED TO GOVERNOR.
4/10/2025SenateReported correctly enrolled and ordered delivered to the Governor.
4/10/2025SenateORDERED ENROLLED
4/9/2025SenateReturned from the House as passed.
4/9/2025SenateReturned to the Senate as passed.
4/9/2025HouseRead the third time and passed and ordered transmitted to the Senate.
4/9/2025HouseReturned by the Committee Do Pass
4/8/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE
4/2/2025HouseRECEIVED FROM THE SENATE
4/2/2025HouseOrdered immediately transmitted to the House.
4/2/2025SenateRead the third time and passed.
4/2/2025SenateRules suspended.
4/2/2025SenateREPORTED CORRECTLY ENGROSSED
4/2/2025SenateAmendment # 3 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
4/2/2025SenatePlaced on second reading for purpose of amendment.
4/2/2025SenateRules suspended.
4/2/2025SenateREPORTED CORRECTLY ENGROSSED
4/1/2025SenateAmendment # 2 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
4/1/2025SenatePlaced on second reading for purpose of amendment.
4/1/2025SenateReturned by the Committee with the recommendation that it Do Pass as amended, Amendment # 2
3/31/2025SenateRe-referred to JUDICIARY COMMITTEE - SENATE
3/20/2025SenateREPORTED CORRECTLY ENGROSSED
3/20/2025SenateAmendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
3/20/2025SenateWithdrawn from Committee and placed on 2nd reading for purpose of amendment # 1
3/20/2025Senate
Bill Text
SB426 - Introduced
3/11/2025
Act Version
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