Session of 2026
SECOND CONFERENCE COMMITTEE REPORT BRIEF
HOUSE BILL NO. 2372
As Agreed to March 25, 2026
Brief*
HB 2372 would create the crime of unlawful approach of a first responder and create law related to immigration enforcement to allow sheriffs to detain persons subject to a facially sufficient immigration detainer request, require certain municipal insurance pools cover federally approved immigration detainer operations conducted by a law enforcement agency, require the State to pay for certain federal civil judgment costs, require the Attorney General to represent law enforcement in certain civil lawsuits, and provide civil immunity to officers or agencies acting in good faith under a 287(g) agreement or detainer. The bill would amend the Interlocal Cooperation Act to specify that a sheriff does not need approval of a county commission to enter into a federal 287(g) agreement with U.S. Immigration and Customs Enforcement (ICE). The bill would also incorporate federal law enforcement officers, their vehicles, and enforcement of federal law into certain traffic, criminal, and tort laws.
The bill would also make technical changes.
Unlawful Approach of a First Responder
The bill would create a new crime within the Kansas Criminal Code of unlawful approach of a first responder, which would be defined as:
● Approaching or remaining within 25 feet of an individual who the person knows or reasonably should have known is a first responder;
● While the first responder is engaged in the performance of their first responder’s duties;
● After receiving a visual or audible signal not to approach or remain within 25 feet of the first responder given by a first responder because of reasonable belief, under the totality of circumstances, that separation is necessary for the safety of any person or property; and
○ Causing such first responder to:
○ Be distracted from performing their first responder’s duties; or
○ Have an increased level of concern of physical harm to any person or damage to property.
The bill would allow enforcement of the 25 feet boundary only by a state or local law enforcement officer.
The bill would classify unlawful approach of a first responder as a class B person misdemeanor. [Note: Under continuing law, this penalty could include a fine up to $1,000 and jail term of up to 6 months.]
The bill would define:
● “First responder” to mean a law enforcement officer, an emergency medical services provider as defined in law, or a firefighter as defined in law; and
● “Law enforcement officer” to mean the same as defined in continuing law and any federal law enforcement officer as defined in federal law.
Federal Detainer Detention
Pursuant to the federal Immigration and Nationality Act (INA), ICE may issue an immigration detainer request to a county sheriff to request that the sheriff detain an individual who ICE has probable cause to believe is unlawfully present in the country and subject to removal.
The bill would authorize a sheriff or keeper of the jail operating a county jail to detain a person with:
● A facially sufficient immigration detainer request issued by ICE on form I-247A; or
● A U.S. Department of Homeland Security (DHS) or ICE warrant.
Immigration Detainer Request
Under the bill, a form I-247A issued pursuant to the INA would allow a sheriff or keeper of the jail to hold the listed person without criminal charges for the purposes of transferring custody to ICE.
The form would be considered facially sufficient if it:
● Clearly states the identity of the person to be detained;
● Has box 1, statement of probable cause, or box 2, transfer of custody, completed; and
● Is signed by the federal immigration official.
If the form meets the identity and signature requirements but does not meet the probable cause or transfer of custody requirements, the bill would deem the form facially sufficient if it is supported by a signed warrant as described by the bill or other affidavit or official documentation provided to law enforcement stating ICE has probable cause to believe the person to be detained is unlawfully present in the United States.
Federal Warrant
For purposes of the bill, a valid warrant would include:
● A DHS form I-200, warrant for arrest of an alien; or
● An ICE form I-205, warrant of removal, or a successor warrant or other warrant authorized by federal law.
Detention Procedure
After reviewing a form I-247A and finding it to be facially sufficient, a sheriff or keeper of the jail who has custody of the person named in the form would be required to:
● Inform the person that they are being held pursuant to an immigration detainer request issued by ICE;
● Provide a copy of the facially sufficient form I-247A to the person as soon as practicable;
● Inform ICE that the person is in custody of the sheriff or keeper of the jail pursuant to the detainer; and
● Complete the law enforcement agency section of the form I-247A and submit such completed form to ICE.
Release
A sheriff or keeper of the jail would be required to release a person held under the bill upon:
● Receipt of a subsequent form I-247A with a checkmark in a box indicating cancellation of the detainer request;
● A finding that the detainer is not facially sufficient; or
● The person who is being held providing proof of U.S. citizenship or being confirmed by ICE as being a person lawfully present in the U.S.
For purposes of the bill, the term “proof of citizenship” would include:
● A birth certificate;
● A U.S. passport indicating citizenship;
● An official U.S. document showing completed naturalization of citizenship;
● A court order declaring a person’s U.S. citizenship; or
● Any other official U.S. or State of Kansas document indicating the person is a U.S. citizen.
Municipal Insurance Pool—Local Law Enforcement Coverage
Under the bill, any municipal insurance pool that issues liability coverage for law enforcement under the Kansas Municipal Group-funded Pool Act would be required to continue such coverage and to include coverage for law enforcement operations authorized by the covered agency when enforcing federal law.
The bill would require the pool to cover such federal law enforcement operations to the same extent it covers the enforcement of state and local law, regardless of whether the federal operations are subject to a written agreement with the federal agency or whether the local law enforcement officers are deputized by the federal agency.
For actions against the covered local law enforcement agency, the bill would require the pool coverage provide legal representation. The pool would also be allowed to provide legal representation to protect its own interest in a case in which the U.S. Department of Justice (DOJ) or the Kansas Office of the Attorney General is providing legal representation.
Legal Representation, Immunity, Judgment Costs—287(g) Agreement
Under the federal INA, the U.S. Attorney General is authorized to enter into a written agreement with a state or a political subdivision of a state, commonly referred to as a 287(g) agreement, which allows officers or employees of the state or local government entity to assist with or carry out certain federal immigration enforcement actions.
Legal Representation
If a federal civil action is brought against a law enforcement agency that has entered into an ICE 287(g) agreement or an officer who was deputized under the agreement, and such agency or officer was acting in good faith under the terms of the agreement, the Kansas Attorney General would be required by the bill to represent or provide representation of the agency and officer in federal litigation.
Legal Representation—Habeas Action
If a person being held by an agency that has entered into an ICE 287(g) agreement and was acting in good faith pursuant to an ICE detainer files a habeas corpus action, the Kansas Office of the Attorney General would be required to provide legal representation at the habeas hearing.
Immunity
The bill would specify that in any state civil action where a law enforcement officer or law enforcement agency acts in good faith under an ICE 287(g) agreement or detainer and takes a person into custody or attempts to take a person into custody, the officer or agency would be entitled to immunity for any civil liability.
Judgment Costs
The bill would specify if a judgment is rendered against a law enforcement agency or officer in a federal civil action based on operations conducted under a 287(g) agreement, the State of Kansas would pay the judgment costs or any portion of the costs that the DOJ has failed to cover if the agency or officer was acting in good faith.
Sheriff Authority—287(g) Agreement
The bill would amend the Interlocal Cooperation Act (Act) to provide that a sheriff seeking to enter into a 287(g) agreement with ICE would be exempt from certain requirements of the Act and would be allowed to sign such agreement without authorization of the county’s board of county commissioners.
Abandoned Vehicles
The bill would amend law regarding abandoned and disabled motor vehicles to specify that any law enforcement officer would be authorized to move an unattended vehicle that interferes with public highway operations or any law enforcement operations.
The bill would define “law enforcement officer” as defined in continuing law and would include any federal law enforcement officer as defined in federal law.
The bill would only allow enforcement of the abandoned vehicle provisions by a state or local law enforcement officer.
Emergency Vehicles
The bill would amend the definition of “authorized emergency vehicle” to include law enforcement vehicles owned by the federal government.
The bill would add to the list of vehicles not required to be designated by the board of county commissioners as authorized emergency vehicles: any fire department vehicles or police vehicles that are publicly owned, including any such vehicle owned by the federal government.
Interference Crimes
The bill would amend law governing the crime of interference with law enforcement to define “any person authorized by law” to include, but not be limited to, a law enforcement officer as defined in continuing law and any federal law enforcement officer as defined in federal law.
The bill would amend law governing the crime of interference with the conduct of public business in public buildings to include conduct at public buildings owned, operated, or controlled by the United States.
The bill would only allow enforcement of the interference crimes provisions by a state or local law enforcement officer.
Kansas Tort Claims Act
The bill would amend the Kansas Tort Claims Act to add that a governmental entity or an employee acting within the scope of employment would not be liable for damages resulting from enforcement of or failure to enforce any federal law or executive order, whether valid or invalid.
Conference Committee Action
The Second Conference Committee agreed to the provisions of Senate Sub. for HB 2372, which contains provisions pertaining to federal detainers, 287(g) agreements, and municipal insurance pools originally contained in SB 525, as introduced by the Senate Committee on Federal and State Affairs. The original provisions of HB 2372 were removed from the bill. The Second Conference Committee further agreed to amend Senate Sub. for HB 2372 to provide for a “keeper of the jail” in lieu of a sheriff. The Second Conference Committee further agreed to insert the provisions of SB 452, as amended by the House Committee on Federal and State Affairs, to HB 2372.
Background
HB 2372 (Immigration Detainer Requests)
The Senate Committee on Federal and State Affairs recommended a substitute bill incorporating provisions pertaining to federal detainers, 287(g) agreements, and municipal insurance pools originally contained in SB 525, as introduced by the Senate Committee on Federal and State Affairs. The original provisions of HB 2372 were removed from the bill.
HB 2372, as amended by the House Committee on Federal and State Affairs, would have designated the official Fallen Firefighters Memorial of the State of Kansas and replaced the Kansas Firefighters Memorial Advisory Committee with the Kansas Firefighter Memorial Council. Similar provisions were enacted in 2025 SB 199.
SB 525 (Federal Detainers, 287(g) Agreements, and Municipal Insurance Pools)
The bill was introduced by the Senate Committee on Federal and State Affairs at the request of Senator Thompson.
Senate Committee on Federal and State Affairs. In the Senate Committee hearing, proponent testimony was provided by the Attorney General, Ellis County Sheriff, and the Sedgwick County Sheriff on behalf of the Kansas Sheriffs Association. The proponents stated the bill would clarify that sheriffs may cooperate with ICE when detaining a person subject to an ICE detainer and that the bill clarifies liability and related insurance coverage.
Written-only proponent testimony was provided by representatives of the Kansas Association of Chiefs of Police and the Kansas Bureau of Investigation.
Written-only opponent testimony was provided by representatives of the ACLU of Kansas, Kansas Interfaith Action, Kansas Latino Community Network, and New Frontiers, and a private citizen.
No other testimony was provided.
SB 452 (Unlawful Approach of a First Responder)
The bill was introduced by the Senate Committee on Federal and State Affairs at the request of Senator Masterson.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, proponent testimony was provided by Senator Masterson and a representative of Kansas Association of Chiefs of Police, Kansas Peace Officers Association, and Kansas Sheriffs Association. The proponents generally stated the bill’s intent is to bridge any gaps between state and federal law enforcement and address recent issues like those that have arisen in Minnesota. The proponents also discussed a potential amendment to add provisions similar to Florida’s Halo Law, which would create a 25-foot buffer zone between first responders and members of the public.
Written-only proponent testimony was provided by a representative of the Office of the Attorney General.
Opponent testimony was provided by representatives of Kansas Interfaith Action and the Kansas Latino Community Network, who raised concerns with the treatment of ICE agents’ vehicles as emergency vehicles and discussed how federal immigration officers are trained and operate differently from state and local law enforcement. The opponents also raised concerns about infringement of civil liberties and potential abuse of power by ICE agents.
Written-only opponent testimony was provided by representatives of the American Civil Liberties Union of Kansas, Advocates for Immigrant Rights and Reconciliation, New Frontiers, and four private citizens.
No other testimony was provided.
The Senate Committee amended the bill to:
● Create the crime of unlawful approach of a first responder; and
● Make technical changes.
[Note: The Conference Committee retained these amendments.]
House Committee on Federal and State Affairs
In the House Committee hearing, proponent testimony was provided by a representative of the Kansas Association of Chiefs of Police, Kansas Peace Officers Association, and Kansas Sheriffs Association, who provided testimony that was substantially similar to the testimony provided in the Senate Committee.
Written-only proponent testimony was provided by Senator Masterson.
Opponent testimony was provided by representatives of Kansas Interfaith Action, Kansas Latino Community Network, Kansas Press Association, New Frontiers, and a private citizen, who provided testimony that was substantially similar to the testimony provided in the Senate Committee.
Written-only opponent testimony was provided by representatives of ACLU-Kansas, Ark Valley News, Council Grove Republican, El Centro, Inc., the Eureka Herald, Kansas Association of Broadcasters, Kansas Newspaper Foundation, Kansas Publishing Ventures, Kansas Public Broadcasting Council, Linn County News, News/Media Alliance, Sanctuary Alliance, Times-Sentinel Newspapers, and 38 private citizens.
No other testimony was provided.
The House Committee amended the bill to specify that the 25-foot boundary, abandoned vehicle, and interference crimes provisions could only be enforced by a state or local law enforcement officer. [Note: The Conference Committee retained this amendment.]
Fiscal Information
SB 525 (Federal Detainers, 287(g) Agreements, and Municipal Insurance Pools)
According to the fiscal note prepared by the Division of the Budget on SB 525, as introduced, enactment of the bill would have a fiscal effect on the Office of the Attorney General due to legal representation and indemnification obligations arising from cooperation with federal immigration authorities. Based on the anticipated federal civil rights and habeas litigation exposure, the Office estimates the need for an additional Attorney General position to manage increased caseload, federal court appearances, dispositive motions, potential appeals, and to serve as a subject matter expert on this area of law. The estimated cost for salary and benefits would be $133,905 in FY 2027. Additional associated operating expenditures for office space, technology, training, and related support would total $11,657 annually for a total of $145,562. The Office is unable to estimate the fiscal effect of the potential state obligation to pay judgment costs in federal civil actions. The bill would result in ongoing litigation-related responsibilities and expenses.
The Office of Judicial Administration indicates that any fiscal effect associated with enactment of the bill could be absorbed by the courts. Any fiscal effect associated with the bill is not reflected in The FY 2027 Governor’s Budget Report.
The League of Kansas Municipalities (LKM) indicates that enactment of the bill could have a fiscal effect on cities, primarily through mandates on municipal insurance pools and law enforcement operations. This could increase insurance premiums, unbudgeted administrative and holding costs for detaining individuals for ICE, mandated legal representation costs via local pools, and potential liability exposure from county sheriff actions without county commission approval. However, LKM is unable to determine the exact fiscal effect.
The Kansas Association of Counties (Association) indicates enactment of the bill could increase premiums for insurance depending on the cost of additional coverage or number of claims made. It could also expose a county to liability because the bill does not require a written agreement with a federal agency. The Association did not provide an estimate of the costs.
SB 452 (Unlawful Approach of a First Responder)
According to the fiscal note prepared by the Division of the Budget on SB 452, as introduced, the Sentencing Commission (Commission) estimates enactment of the bill could result in an increase in prison admissions and the number of adult prison beds needed. The current estimated available bed capacity is 9,924 for males and 968 for females. Based upon the Commission’s most recent ten-year projection contained in its FY 2026 Adult Inmate Prison Population Projections report, it is estimated that the year-end population will total 9,176 male and 924 female inmates in FY 2026 and 9,485 male and 953 female inmates in FY 2027.
The Department of Corrections indicates enactment of the bill would have no fiscal effect on its operations.
The Board of Indigents’ Defense Services indicates enactment of the bill would increase State General Fund expenditures for assigned counsel costs. Because the agency’s offices currently operate at capacity, additional cases generated by the bill would likely be referred to private attorneys for court appointment at a rate of $125 per hour. The agency estimates that each case charged as a severity level 8 or 9 nonperson felony would require approximately 35 hours of defense attorney work, at a cost of $4,375 per case, and each case charged as a severity level 5, 6, or 7 nonperson felony would require approximately 57 hours, at a cost of $7,125 per case.
The Judicial Branch indicates that enactment of the bill would have a negligible fiscal effect on its operations. Any fiscal effect associated with the bill is not reflected in The FY 2027 Governor’s Budget Report.
The Association indicates enactment of the bill could increase county government expenditures for judicial proceedings, depending on the number of cases affected; however, it is unable to determine a specific estimate of this effect. The LKM indicates enactment of the bill would have no fiscal effect on cities.
Immigration; detainer; sheriff; jail; municipal insurance pool; liability; Attorney General; Interlocal Cooperation Act; United States Immigration and Customs Enforcement; Kansas Municipal Group-funded Pool Act; law enforcement; federal law enforcement
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