Mississippi legislation · 2026 Regular Session
Mississippi SB2114: Immigration; criminalize illegal entry and require cooperation with federal authorities.
Status: Signed into law, April 8, 2026
AN ACT TO DEFINE TERMS; TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO DETERMINE THE NUMBER AND IDENTITIES OF ALL ILLEGAL ALIENS RESIDING IN THE STATE OF MISSISSIPPI; TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO ENFORCE THE IMMIGRATION LAWS AS AUTHORIZED PURSUANT TO FEDERAL LAWS AND THE LAWS OF THIS STATE; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY AS SOON AS POSSIBLE; TO REQUIRE EACH LAW ENFORCEMENT AGENCY OPERATING A COUNTY DETENTION FACILITY TO EXECUTE A WRITTEN AGREEMENT WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY TO PARTICIPATE IN THE IMMIGRATION PROGRAM ESTABLISHED UNDER SECTION 287(G); TO PROVIDE A FELONY OFFENSE FOR A PERSON WHO IS AN ALIEN, REGARDLESS OF NATIONAL ORIGIN, AND ENTERS OR ATTEMPTS TO ENTER THIS STATE DIRECTLY FROM A FOREIGN NATION AT ANY LOCATION OTHER THAN A LAWFUL PORT OF ENTRY; TO PROVIDE A FELONY OFFENSE, IN ADDITION TO ANY EXISTING PENALTY FOR THE UNDERLYING CRIME, FOR A PERSON WHO IS ARRESTED FOR CERTAIN CRIMINAL OFFENSES AND IS DETERMINED TO BE AN ILLEGAL ALIEN, REGARDLESS OF NATIONAL ORIGIN, AND UNLAWFULLY PRESENT IN THE UNITED STATES; TO AUTHORIZE A SENTENCING COURT TO ISSUE A WRITTEN ORDER DISCHARGING THE PERSON AND REQUIRING SAID INDIVIDUAL TO RETURN TO HIS OR HER COUNTRY OF ORIGIN; TO DIRECT THE COURT TO REMAND THE PERSON SUBJECT TO THE ORDER TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE UNITED STATES CUSTOMS AND BORDER PROTECTION OF THE DEPARTMENT OF HOMELAND SECURITY TO ARRANGE TRANSPORTATION FOR THE REPATRIATION OF THE PERSON BACK TO HIS OR HER COUNTRY OF ORIGIN; TO PROVIDE CERTAIN AFFIRMATIVE DEFENSES TO PROSECUTION UNDER THIS ACT; TO PROVIDE THAT A DEFENDANT CHARGED OR CONVICTED UNDER THIS ACT IS NOT ELIGIBLE FOR EXPUNCTION, AN INTENSIVE SUPERVISION PROGRAM, NONADJUDICATION, PAROLE, OR ANY EARLY RELEASE PROGRAM; TO PROVIDE FOR SEVERABILITY; AND FO
What the bill says
An act to define terms; to authorize the department of public safety to determine the number and identities of all illegal aliens residing in the state of mississippi; to direct the department of public safety to enforce the immigration laws as authorized pursuant to federal laws and the laws of this state; to require the department of public safety to execute a memorandum of agreement with the united states immigration and customs enforcement agency as soon as possible…