Committee Approves Amendment to Prohibit Sanctuary Policies, Sends House Bill 13‑03 Forward With Questions

A legislative committee approved an amendment to House Bill 13‑03 that would prohibit political subdivisions, state institutions of higher education and their employees from adopting or implementing a “sanctuary policy,” authorize the attorney general to investigate complaints and allow the state treasurer to withhold certain state distributions from a noncompliant political subdivision.

Representative Jim Casper, sponsor of the amendment, told the committee the draft language bars “a sanctuary policy including a policy ordinance that ... limits or prohibits an individual from communicating or cooperating with the federal agencies or officials to verify or report the immigration status of an individual,” and he cited federal law (8 U.S.C. §1373) in explaining the proposal. Casper summarized the bill’s enforcement path: the attorney general may investigate a complaint, issue an opinion if a violation is found, and the political subdivision would have 30 days to comply, appeal to district court, or provide evidence that it is no longer operating a sanctuary policy. If the subdivision does not comply, the amendment directs the attorney general to instruct the state treasurer to withhold that subdivision’s state aid distribution…