House Bill 931

AN ACT TO CREATE THE CRIME OF ENTRY INTO THE STATE OF MISSISSIPPI BY AN ILLEGAL ALIEN; TO DEFINE THE TERM "ILLEGAL ALIEN"; TO PROHIBIT ARRESTS OF SUSPECTED ILLEGAL ALIENS ON THE PREMISES OF CERTAIN EDUCATIONAL, RELIGIOUS AND HEALTHCARE FACILITIES; TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS; TO AUTHORIZE JUDGES TO DISMISS CHARGES AGAINST CERTAIN PERSONS WHO AGREE TO RETURN TO THE FOREIGN NATION FROM WHICH THE PERSON ENTERED THE UNITED STATES; TO PROHIBIT A COURT FROM ABATING PROSECUTION OF AN OFFENSE ON THE BASIS OF A PENDING FEDERAL DETERMINATION OF A PERSON'S IMMIGRATION STATUS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) For purposes of this section, the term "illegal alien" means a person not a citizen or national of the United States who enters or remains in the country unlawfully by

not possessing a valid visa or other immigration documentation because the person entered the United States without inspection, stayed longer than a temporary visa permitted, or otherwise violated the terms under which the person was admitted to the United States.

(2) A person who is an illegal alien commits an offense if the person attempts to enter or enters and is present in the State of Mississippi.

(3) A person suspected of being or determined to be an illegal alien may not be arrested or detained if the person is on the premises or grounds of:

(a) A public or private primary or secondary school for educational purposes;

(b) A church, synagogue or other established place of religious worship;

(c) A health care facility or the office of a health care provider if the person is on the premises or grounds of the facility or office for the purpose of receiving medical treatment; or

(d) A facility that provides forensic medical examinations to sexual assault survivors if the person is on the premises or grounds of the facility for purposes of obtaining a forensic medical examination and treatment.

(4) (a) A first offense under this section is a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or confinement in the county jail not to exceed one (1) year, or both.

(b) A second or subsequent offense under this section is a felony punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or commitment to the custody of the Mississippi Department of Corrections for a period not less than two (2) years nor more than ten (10) years, or both fine and commitment.

(5) During the initial appearance or at any time during the case against a person charged with a violation of this section, a judge may dismiss the charge pending against the person and issue a written order requiring the person to return to the foreign nation from which the person entered the United States if:

(a) The person agrees to the order and demonstrates to the satisfaction of the court the means and feasible arrangements for transportation from the State of Mississippi to the foreign nation;

(b) The person has not been convicted of or previously entered a guilty plea or plea of nolo contendere to an offense under this section or obtained an order of dismissal as authorized under this subsection;

(d) Before the issuance of the order, the arresting law enforcement agency:

(i) Collects all available identifying information of the person, including taking fingerprints from the person and using other applicable photographic and biometric measures to identify the person; and

(ii) Cross-references the collected information with all relevant local, state and federal criminal databases and federal lists or classifications used to identify a person as a threat or potential threat to national security.

(6) On a person's conviction of or entry of a guilty plea or plea of nolo contendere to an offense under this section, the judge shall enter in the judgment of the case an order requiring the person to return to the foreign nation from which the person entered the United States. An order issued under this subsection takes effect on completion of the term of confinement or imprisonment imposed by the judgment.

(7) A court may not abate the prosecution of an offense under this section on the basis that a federal determination regarding the immigration status of the defendant is pending or will be initiated.

(8) The provisions of this section are declared to be severable. If any provision, word, phrase or clause of this section or the application thereof to any person is held invalid, the invalidity does not affect the validity of the remaining portions of this section, and those remaining portions remain in full force and effect.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.