11-04-2025
Arkansas Senate bill would bring harsher penalties to violent criminals in US illegally
BENTONVILLE, Ark. (KNWA/KFTA) — Senate Bill 426 was delivered to the Arkansas Gov. Sarah Huckabee Sanders' desk April 10, and aims to strengthen the state's defense against people who enter the United States illegally and commit felonies through multiple tactics.
The bill, if signed into law, would enhance penalties for people in the U.S. illegally who commit violent felonies, ensure sheriff's offices and the Division of Corrections' involvement in the 'Warrant Service Officer Program,' and expand the state ban on sanctuary cities.
'Senate Bill 426 is a continued aim to keep our streets safe in the state of Arkansas,' said Arkansas Senate President Pro Tempore Bart Hester (R-Cave Springs), who is the lead sponsor on the bill.
He said that Arkansas is the number one state for inbound migration because it is seen as safe, which he believes discourages gangs of illegal immigrants within the country from coming to Arkansas to commit crimes.
'If you come here, if you are here illegally and you commit a violent crime, we're going to put you away for a very long time,' said Hester.
According to Hester, the bill's target is illegal immigrants within the state who commit violent crimes, not limited to crime with a gun, murder, rape, or physical abuse.
Those who fall into this category would receive an enhanced penalty for the crime.
'So, if you rape somebody, you're going to get an additional ten years that you're not eligible for parole,' said Hester.
The third and fourth section of the bill addresses county sheriff's offices and the Arkansas Division of Corrections' involvement in the 287(g) program.
According to U.S. Immigration and Customs Enforcement, the 287(g) program operates in three models: the task force model, the jail enforcement model and the warrant service officer program, the latter two being addressed within SB 426.
The Jail Enforcement Model is utilized to 'identify and process removable aliens' who have criminal or pending criminal charges and are arrested by state or local law enforcement agencies.
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The Warrant Service Officer Program gives ICE the ability to 'train, certify and authorize state and local law enforcement officers' to carry out administrative warrants on people in the U.S. illegally within their jails.
Hester said the No. 1 thing to understand about the Warrant Service Officer Program is that it does not make local police officers and sheriff deputies part of ICE.
'Nothing changes with that at all. If you see them in the community, they are not part of the federal government. But if you are arrested, once you get into the in the jail because you've committed a crime, you are arrested, then we are requiring them to notify the federal government of your legal status,' said Hester.
The U.S. Immigration and Customs Enforcement website lists the Benton County Sheriff's Office as one of two Arkansas counties participating currently in the jail enforcement model.
Though the bill focuses on illegal immigrants who commit violent crimes, the organization Aire is speaking out against the bill, with Aire member Alexa Roldan saying the bill increases fear within the immigrant community.
'It would increase fear within the immigrant community. Towards law enforcement, which we don't want that either. We want them to feel safe in the community that they're in,' said Roldan.
According to Roldan, the bill not only impacts the immigrant communities' relationship with law enforcement but also creates what she believes is an unfair justice system.
'If it's the same crime, it's the same crime. The intent was still bad. It doesn't matter what your status is or who you are, what your color is, or what language you speak at home. A crime is a crime, period. So the fact that there's a different charge depending on literally who you are and where you stand as a person in the United States, that's just not fair,' said Roldan.
Hester said he believes immigration is what makes America great when acquired correctly and legally.
'We want everyone that wants to come here and follow the process. We want them to be here. We're very welcoming people of the state of Arkansas. But it says that you cannot have a local city create a place that is safe for people to be here illegally,' said Hester regarding Section 5 of the Senate Bill.
Section 5 states that local governments cannot enact or adopt sanctuary policies, and if they do, they are no longer eligible for 'discretionary money' provided by the state government, such as funds or grants.
Roldan said she has spent her entire life in Bentonville, but as a daughter of immigrants, she said she feels her family will be seen as criminals due to bills like SB 426.
'The concern about the immigrant community and how they're going to feel about it all, knowing that there's no one place where they can feel safe and feel like they can go about their lives, about just living like every other person here, and also just how it's going to impact the mental health of many other people,' said Roldan.
Hester said that he recognizes that the immigrant community is concerned with reporting crimes committed against them, especially with family members who may be here illegally.
'I really want to communicate that your local police officers, local sheriff's deputies, are not participating with the federal government unless you get arrested and are in prison. So we absolutely want everyone to know that you should be protected and safe while you're here in the state of Arkansas,' said Hester.
Sanders has five days to sign the bill once it crosses her desk.
Hester and Roldan believe that Sanders will sign the bill, which will pass it into law.
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