Republican state legislators are pushing for stricter penalties against local officials who refuse to cooperate with President Donald Trump’s efforts to curb illegal immigration. Their proposals include lawsuits, fines, and even potential jail sentences for those who resist enforcement measures.

According to an Associated Press analysis using the bill-tracking tool Plural, lawmakers in over 20 states have introduced legislation aimed at restricting so-called sanctuary policies, which limit collaboration with federal immigration authorities. Some states, which already prohibit sanctuary policies, are now seeking to hold mayors, council members, and other officials accountable for violating these bans.

Republican state Sen. Blake Tillery, who introduced legislation in Georgia allowing lawsuits against officials who implement sanctuary policies, emphasized the need for stronger enforcement. His bill recently passed in the Senate and is awaiting consideration in the House.

However, critics argue that such laws could pressure local law enforcement to detain immigrants longer than legally permitted out of fear of legal consequences. Democratic state Sen. Nikki Merritt of Georgia expressed concerns that these measures could unfairly target law enforcement officials who are simply trying to maintain public safety.

These state-level efforts align with the Trump administration’s legal actions against jurisdictions that limit cooperation with federal immigration authorities. The Department of Justice has already sued Illinois, Chicago, and Cook County, accusing them of violating federal law by not assisting with immigration enforcement.

Using Lawsuits to Enforce Anti-Sanctuary Laws

A Georgia law passed last year already requires local law enforcement to work with federal immigration authorities or risk losing state funding and facing misdemeanor charges. The latest Senate-approved bill strengthens enforcement by allowing private citizens to sue local governments and officials who fail to comply.

Immigrant advocacy groups warn that such legislation could heighten fear within communities already anxious about arrests by Immigration and Customs Enforcement (ICE). Atlanta immigration attorney Charles Kuck argues that these measures are part of Trump’s broader crackdown on immigrants and do little to address real issues.

Mike Mitchell, deputy executive director of the Georgia Sheriffs’ Association, stated that while the organization remains neutral on the bill, sheriffs in Georgia are already complying with immigration laws.

Louisiana, which passed a similar law last year requiring law enforcement to prioritize immigration enforcement, recently saw its attorney general, Liz Murrill, file a lawsuit against the New Orleans sheriff’s office for allegedly violating the state’s ban on sanctuary policies.

The Orleans Parish Sheriff’s Office currently limits compliance with ICE detainer requests, except in cases involving serious crimes such as murder, rape, or treason. It also restricts access to detainees without court approval or legal representation. In response to the lawsuit, the sheriff’s office stated that it remains fully compliant with all applicable state laws and court orders.

Imposing Fines and Jail Sentences

In South Dakota, Republican Gov. Larry Rhoden signed an anti-sanctuary law as his first legislative act after succeeding Kristi Noem, who was appointed by Trump as homeland security secretary. The law prohibits state and local agencies from restricting communication with federal immigration officials but does not impose penalties.

Other states have implemented harsher consequences. Florida Gov. Ron DeSantis recently signed a law mandating that the attorney general take legal action against local governments that refuse to comply with federal immigration detainer requests. Officials who willfully violate the sanctuary policy ban can be fined up to $5,000.

In Tennessee, existing laws already block state economic development funds from going to local governments that adopt sanctuary policies. A recent law signed by Gov. Bill Lee escalates the penalties, making it a felony offense for local officials to vote in favor of such policies, with a punishment of up to six years in prison. However, legislative attorneys have questioned the constitutionality of these penalties, citing protections for elected officials in the course of their duties.

Wyoming lawmakers have advanced a bill that not only bans sanctuary policies but also prevents citizens from proposing them through ballot initiatives. The measure includes severe penalties, allowing the governor to withhold state funding from local governments that violate the ban. Additionally, officials who refuse to cooperate with federal immigration enforcement could face felony charges, carrying sentences of 5-10 years in prison and fines up to $20,000.

State Rep. Joel Guggenmos, a Republican sponsor of the bill, admitted that no sanctuary jurisdictions currently exist in Wyoming but defended the legislation as a preventive measure, citing similar issues in other states.

New Hampshire lawmakers are also moving forward with two separate bills targeting sanctuary policies. The Senate version would authorize the state attorney general to sue non-compliant local governments and impose fines equal to 25% of their state funding. The House version, while omitting financial penalties, lays out more specific requirements for local governments to cooperate with federal immigration authorities.