Session of 2026
Senate Substitute for HOUSE BILL No. 2372
By Committee on Federal and State Affairs
3-10
1AN ACT concerning immigration; relating to the enforcement of detainers
2issued by the United States immigration and customs enforcement by a
3county sheriff operating a county jail; requiring municipal insurance
4pools to provide coverage of law enforcement agencies enforcing
5federal law; requiring the state to pay certain judgments in federal civil
6actions and provide legal representation by the attorney general;
7exempting section 287(g) agreements from certain provisions of the
8interlocal cooperation act; amending K.S.A. 12-2904 and repealing the
9existing section.
10
11Be it enacted by the Legislature of the State of Kansas:
12New Section 1. (a) Any sheriff operating a jail pursuant to K.S.A. 19-
131901, and amendments thereto, has authority to detain a person with:
14(1) A facially sufficient immigration detainer request issued by the
15United States immigration and customs enforcement (ICE) on form I-247A
16issued pursuant to 8 U.S.C. §§ 1226 and 1357 and hold such person
17without criminal charges for the purpose of transferring custody to the
18United States immigration and customs enforcement; or
19(2) a warrant as described in subsection (c).
20(b) An immigration detainer request form I-247A presented to a jail
21as provided in subsection (a)(1) is deemed facially sufficient if either of
22the following applies:
23(1) The United States immigration and customs enforcement form I-
24247A presented to law enforcement:
25(A) Clearly states the identity of the person to be detained;
26(B) has box 1, statement of probable cause, or box 2, transfer of
27custody, completed; and
28(C) is signed by a United States immigration and customs
29enforcement official; or
30(2) the United States immigration and customs enforcement form I-
31247A meets the requirements of subsections (b)(1)(A) and (C) but not
32subsection (b)(1)(B) and is supported by a signed warrant as described in
33subsection (c) or other affidavit or official documentation provided to the
34sheriff stating the United States immigration and customs enforcement has
35probable cause to believe that the person to be detained is unlawfully
36present in the United States.
1(c) A warrant shall satisfy subsection (a)(2) or (b)(2) if it includes:
2(1) A United States department of homeland security form I-200,
3warrant for arrest of alien; or
4(2) a United States immigration and customs enforcement form I-205,
5warrant of removal or a successor warrant or other warrant authorized by
6federal law.
7(d) After reviewing the form I-247A and finding that such form
8complies with the requirements of subsection (b), a sheriff operating a jail
9having custody of a person under the authority of subsection (a) shall:
10(1) Inform the person that such person is being held pursuant to an
11immigration detainer request issued by the United States immigration and
12customs enforcement;
13(2) provide a copy of the form I-247A to the person being held as
14soon as practicable;
15(3) inform the United States immigration and customs enforcement
16that such person is in the custody of the sheriff on an immigration detainer;
17and
18(4) complete the law enforcement agency section of the form I-247A
19and submit such form to the United States immigration and customs
20enforcement.
21(e) The sheriff operating a jail shall release a person being held under
22subsection (a) upon:
23(1) The receipt of a subsequent form I-247A with the box checked
24canceling the detainer request;
25(2) a finding that the detainer does not meet the requirements of
26subsection (b); or
27(3) the person who is being held provides proof of citizenship of the
28United States or has been confirmed by the United States immigration and
29enforcement as being a person lawfully present in the United States.
30(f) As used in this section, "proof of citizenship" includes:
31(1) A birth certificate;
32(2) a United States passport indicating citizenship;
33(3) an official United States document showing completed
34naturalization of citizenship;
35(4) a court order declaring a person's United States citizenship; or
36(5) any other official document of the United States or the state of
37Kansas indicating the person is a United States citizen.
38New Sec. 2. Any municipal insurance pool issuing liability coverage
39for law enforcement under the Kansas municipal group-funded pool act
40shall continue such coverage and include coverage for law enforcement
41operations authorized by the covered agency enforcing federal law in
42cooperation with federal agencies to the same extent of the coverage for
43enforcing state and local law regardless of whether the cooperation is
1under a written agreement and whether the officers involved are deputized
2by the federal agency. If the United States department of justice or the
3Kansas office of the attorney general does not provide legal representation
4in an action against the covered local law enforcement agency, the
5municipal insurance pool coverage shall provide the legal representation.
6The municipal insurance pool may also provide legal representation to
7protect its interest in a case in which the United States department of
8justice or the Kansas office of the attorney general is providing legal
9representation.
10New Sec. 3. (a) In any federal civil action against a law enforcement
11agency or an officer working under an agreement with the United States
12immigration and customs enforcement for a section 287(g) program
13authorized by 8 U.S.C. § 1357(g), if a judgment is rendered against such
14agency or such officer of the agency and the agency or officer was acting
15in good faith, the state shall pay such judgment costs or any portion
16thereof that the United States department of justice has failed to cover.
17(b) In any state civil action against a law enforcement agency or an
18officer acting in good faith pursuant to an agreement with the United
19States immigration and customs enforcement for a section 287(g) program
20authorized by 8 U.S.C. § 1357(g) or a detainer and takes a person into
21custody, such law enforcement agency or officer shall be entitled to
22immunity for any civil liability.
23New Sec. 4. (a) If a federal civil action is brought against a law
24enforcement agency that has entered into an agreement with the United
25States immigration and customs enforcement for a section 287(g) program
26authorized by 8 U.S.C. § 1357(g) or an officer of such law enforcement
27agency who has been deputized under any such agreement and such law
28enforcement agency or officer was acting in good faith under the terms of
29such agreement, the attorney general shall represent or provide
30representation of the law enforcement agency and officer in such action.
31(b) If a habeas corpus action is filed against a law enforcement
32agency that has entered into an agreement with the United States
33immigration and customs enforcement for a section 287(g) program
34authorized by 8 U.S.C. § 1357(g) and such law enforcement agency was
35acting in good faith to hold a person under authority of a detainer request
36issued by the United States immigration and customs enforcement, the
37attorney general shall provide legal representation at any habeas corpus
38hearing held in such action.
39Sec. 5. K.S.A. 12-2904 is hereby amended to read as follows: 12-
402904. (a) Subject to the limitations of subsection (g), any power or powers,
41privileges or authority exercised or capable of exercise by a public agency
42of this state, including, but not limited to, those functions relating to
43economic development, public improvements, public utilities, police
1protection, public security, public safety and emergency preparedness,
2including, but not limited to, intelligence, antiterrorism and disaster
3recovery, libraries, data processing services, educational services, building
4and related inspection services, flood control and storm water drainage,
5weather modification, sewage disposal, refuse disposal, park and
6recreational programs and facilities, ambulance service, fire protection, the
7Kansas tort claims act or claims for civil rights violations, may be
8exercised and enjoyed jointly with any other public agency of this state or
9with any private agency, and jointly with any public agency of any other
10state or of the United States to the extent that the laws of such other state
11or of the United States permit such joint exercise or enjoyment. Any
12agency of the state government when acting jointly with any public or
13private agency may exercise and enjoy all of the powers, privileges and
14authority conferred by this act upon a public agency.
15(b) Any public agency may enter into agreements with one or more
16public or private agencies for joint or cooperative action pursuant to the
17provisions of this act. Appropriate action by ordinance, resolution or
18otherwise pursuant to law of the governing bodies of the participating
19public agencies shall be necessary before any such agreement may enter
20into force.
21(c) (1) Any public agency may enter into agreements with Native
22American Indian tribes for joint or cooperative actions. Such agreements
23shall be considered to be an interlocal agreement and shall be subject to
24the procedures and limitations of the interlocal cooperation act.
25(2) The provisions of this subsection shall not be construed as
26authorizing a public agency to enter into a gaming compact pursuant to the
27interlocal cooperation act.
28(d) Any such agreement shall specify the following:
29(1) Its duration.;
30(2) the precise organization, composition and nature of any separate
31legal or administrative entity created thereby together with the powers
32delegated thereto.;
33(3) its purpose or purposes.;
34(4) the manner of financing the joint or cooperative undertaking and
35of establishing and maintaining a budget therefor.;
36(5) the permissible method or methods to be employed in
37accomplishing the partial or complete termination of the agreement and for
38disposing of property upon such partial or complete termination.; and
39(6) any other necessary and proper matters.
40(e) In addition to the requirements of subsection (d), if the agreement
41does not establish a separate legal entity to conduct the joint or cooperative
42undertaking, the agreement also shall contain the following:
43(1) Provision for an administrator or a joint board or one of the
1participating public agencies to be responsible for administering the joint
2or cooperative undertaking. In the case of a joint board public agencies
3party to the agreement shall be represented.; and
4(2) the manner of acquiring, holding and disposing of real and
5personal property used in the joint or cooperative undertaking.
6(f) No agreement made pursuant to this act shall relieve any public
7agency of any obligation or responsibility imposed upon it by law, except
8that to the extent of actual and timely performance thereof by a joint board
9or other legal or administrative entity created by an agreement made
10hereunder, such performance may be offered in satisfaction of the
11obligation or responsibility.
12(g) Every agreement made hereunder, except: (1) Agreements
13between two or more public agencies establishing a council or other
14organization of local governments for the study of common problems of an
15area or region and for the promotion of intergovernmental cooperation;
16and (2) agreements entered into regarding joint or cooperative action that
17are subject to the oversight and regulation of a Kansas regulatory agency,
18prior to and as a condition precedent to its entry into force, shall be
19submitted to the attorney general, who shall determine whether the
20agreement is in proper form and compatible with the laws of this state. The
21attorney general shall approve any agreement submitted hereunder unless
22the attorney general shall find that it such agreement does not meet the
23conditions set forth herein and shall detail in writing addressed to the
24governing bodies of the public and private agencies concerned the specific
25respects in which the proposed agreement fails to meet the requirements of
26law. Failure to disapprove an agreement submitted hereunder within 90
27days of its submission shall constitute approval thereof.
28(h) For the purposes of entering an agreement with the United States
29immigration and customs enforcement for a section 287(g) program
30authorized by 8 U.S.C. § 1357(g), a sheriff shall be exempt from
31subsections (a), (b) and (c) and may sign such agreement without further
32authorization of the board of county commissioners.
33Sec. 6. K.S.A. 12-2904 is hereby repealed.
34Sec. 7. This act shall take effect and be in force from and after its
35publication in the statute book.