MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A

By: Representatives Monsour, Gipson, Aguirre, Arnold, Baker, Bennett, Byrd, Carpenter, Chism, Currie, Foster, Hopkins, Mangold, Massengill, McLeod, Moore, Oliver, Staples, Willis, Scoggin

House Bill 848

AN ACT TO PROHIBIT A STATE AGENCY, DEPARTMENT, POLITICAL SUBDIVISION OF THIS STATE, COUNTY, MUNICIPALITY, UNIVERSITY, COLLEGE, COMMUNITY COLLEGE OR JUNIOR COLLEGE, OR ANY AGENT, EMPLOYEE OR OFFICER THEREOF FROM CREATING, PLANNING, IMPLEMENTING, ASSISTING, PARTICIPATING IN, OR ENABLING A SANCTUARY POLICY; TO PROVIDE THAT ANY SANCTUARY POLICY ADOPTED IN VIOLATION OF THIS ACT SHALL BE INVALID AND VOID FROM THE DATE OF ITS ADOPTION OR ENACTMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  No state agency, department, political subdivision of this state, county, municipality, university, college, community college or junior college, or any agent, employee or officer thereof shall create, plan, implement, assist, participate in, or enable any sanctuary policy.  For purposes of this section, "sanctuary policy" means any informal or formal policy, order or ordinance, enacted or followed that (a) limits or prohibits any person from communicating or cooperating with federal agencies or officials to verify or report the immigration status of any alien; or (b) grants illegal aliens the right to lawful presence or status within the state, a county or municipality, or the campus of a university, college, community college or junior college in violation of federal law. 

     (2)  Any sanctuary policy adopted in violation of this act shall be invalid and void from the date of its adoption or enactment and shall have no force or effect.

     (3)  Any state agency, department, political subdivision of this state, county, municipality, university, college, community college or junior college, or any agent, employee or officer thereof who adopts or enacts a sanctuary policy as prohibited by this act shall be subject to a civil penalty of Ten Thousand Dollars ($10,000.00) per day for each day that the policy is not rescinded.  In order to avoid a civil penalty under this section, the state agency, department, political subdivision of this state, county, municipality, university, college, community college or junior college, or any agent, employee or officer thereof shall take action to rescind the policy.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.