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Senate approves Hester bill imposing enhanced penalties for violent crimes by noncitizens in Arkansas
Summary
Senators adopted the "Defense Against Criminal Illegals Act," introduced by Sen. Sandra Hester, which creates enhanced penalties for people present in Arkansas unlawfully who commit specified violent felonies and encourages cooperation with federal immigration authorities. Vote: 28–5.
The Arkansas Senate on the morning calendar passed legislation offered by Sen. Sandra Hester that creates enhanced penalties for certain violent felonies when the defendant is present in the state unlawfully.
“There's a list of all those violent crimes on page 2 at the top, that would be that would qualify,” Hester said while explaining the bill’s scope. The measure requires local sheriffs to participate and cooperate with U.S. Immigration and Customs Enforcement (ICE) in specified circumstances and increases penalties for qualifying violent offenses committed by people the bill describes as "here illegally."
During floor debate, Sen. Boyd asked whether the state has adequate prison space to absorb any increase in incarcerated people resulting from the measure. Hester acknowledged prison capacity is a concern but argued the bill’s purpose is to hold violent offenders accountable and to send a deterrent message: “If you're here illegally and are gonna commit a violent crime, do it somewhere else.”
Sen. Tucker raised concerns that the law could discourage immigrant communities from reporting crimes, including violent crimes and human-trafficking offenses, if victims or witnesses fear immigration consequences. Hester responded that the bill does not require local police to carry out immigration enforcement raids and emphasized the bill targets people who commit violent offenses.
The recorded vote on Senate Bill 4 26 was 28 yeas, 5 nays. The bill was ordered transmitted to the Arkansas House.
Why it matters: The bill changes state criminal sentencing for a subset of defendants defined by immigration status and explicitly encourages local cooperation with federal immigration enforcement in certain cases. Sponsors framed it as a public-safety measure; opponents warned about chilling effects on crime reporting and the potential for added local and state detention costs.
Next steps: The bill will go to the House for consideration. The Senate debate did not include a fiscal-impact estimate on incarceration costs tied to the change.
