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Committee advances bill on local procedure for identifying immigration status amid court challenges
Summary
Senate Bill 53, which directs law enforcement on how to determine immigration status of people arrested in local jails, was advanced by the committee after a public hearing that included constitutional concerns and references to prior federal court rulings; opponents warned of profiling and historical parallels to fugitive-slave-era laws.
A committee advanced Senate Bill 53, a measure intended to clarify for local law enforcement when and how to determine an arrestee’s immigration status and to define related procedures, after a substantial public hearing that included constitutional and civil-rights objections.
Senator Kitchens, sponsor of SB 53, said the bill aims to help officers “provide clarification as to the legal process on what they're supposed to do to be able to determine the immigration status of an individual that they have arrested in their jails.”
Opponents cited past federal-court rulings and possible constitutional problems. Jerome Dees of the Southern Poverty Law Center told the committee that similar efforts were struck down by federal courts as unconstitutional and warned specific provisions mirrored discredited language. Dees said provisions that could criminalize routine acts—such as transporting undocumented students across state lines—could have unintended consequences. He also cautioned that some language resembled sections of the 1850 Fugitive Slave Act.
Community witnesses, including Amanda Cherry and Rabbi Scott Loper, argued the bill would encourage racial profiling and damage trust between immigrant communities and law enforcement. Cherry said the bill could lead to disproportionate detention of lawful permanent residents who inadvertently lack or cannot immediately produce documentation; she recounted a recent local incident involving a detained permanent resident whose documents were questioned.
Supporters and the sponsor said the bill does not intend to criminalize Good Samaritans or religious groups but would provide tools for law enforcement when dealing with custodial arrests. Senator Kitchens said some text creates a framework for verification when people are booked in jail facilities and that local jails already collect fingerprints and other identifying information in many cases.
After public testimony and debate, the committee voted to advance the bill. Members said they wanted to balance enforcement needs with civil-rights protections and asked for more clarity on specific provisions.
