HB 361: AN ACT relating to sanctuary policies.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Create new sections of KRS Chapter 61 to define terms; prohibit state and local governmental entities from adopting sanctuary policies; require law enforcement agencies to use reasonable resources to support the enforcement of federal immigration law; prohibit policies which would restrict the sharing of information with federal immigration agencies; require compliance with federal requirements when a defendant subject to an immigration detainer has been sentenced in a criminal case; require correctional facilities to provide information regarding the date of discharge to federal immigration agencies and cooperate in the transfer of an inmate to federal custody; require completion of a sentence before an inmate may be transferred to federal custody in cases where the inmate is a violent offender; require a law enforcement agency to provide notice to a judge if a person in their custody is subject to an immigration detainer; require counties to endeavor to enter into agreements with federal immigration agencies regarding the housing of persons in county jails who are subject to immigration detainers; create a rebuttable presumption that a state or local officer who intentionally violates any of the provisions of the Act has committed malfeasance and neglect of duty and is subject to impeachment; allow the Attorney General to make findings that a local government has violated the Act; and to withhold road aid funding if the local government willfully violates the Act by refusing to cease a violation; create a private right of action against an official that has adopted a sanctuary policy; waive immunities when a person is injured by a person released as a result of a sanctuary policy; amend KRS 177.360 and 177.366 to require transfer of road aid moneys to be suspended upon notice by the Attorney General of willful violations by a local government and reinstated upon notice by the Attorney General of compliance; provide that the Act may be cited as the Lawful Immigration System Act of 2026.

Sponsors

Sponsors by party (alphabetical): Republican 3

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. January 21, 2026to Judiciary (H)
2. January 13, 2026to Committee on Committees (H)
3. January 13, 2026introduced in House