Mississippi Law Authorizes Statewide List of Undocumented Residents

Mississippi will authorize its top law enforcement agency to identify people living in the state without legal status under a new immigration law taking effect July 1, a measure that expands the state’s role in immigration enforcement through data collection, cooperation with federal authorities, and state criminal penalties.

Senate Bill 2114 allows the Mississippi Department of Public Safety to use “all reasonable lawful investigative means” to determine the number and identities of people the statute calls “illegal aliens” living in the state. The measure permits officials to collect names, addresses, countries of origin, whether a person is an adult or minor, criminal history, and the status of any removal proceedings.

The law does not expressly require Mississippi to share that information with U.S. Immigration and Customs Enforcement. It also does not prohibit that step. Instead, the statute directs the Department of Public Safety to share information with state and local officials when a person is reasonably suspected of involvement in conduct that would violate state or federal law, including human trafficking or drug trafficking.

Republican state Sen. Angela Hill sponsored the measure and has framed it as a way for Mississippi to understand the scope of undocumented immigration and assist federal enforcement efforts. Immigration advocates fear the law could be used to target immigrant communities, encourage profiling, and reduce trust between residents and local police.

Senate Bill 2114 goes beyond collecting names and addresses. The measure requires the Department of Public Safety to make a reasonable attempt to enter a memorandum of agreement with ICE under Section 287(g) of the Immigration and Nationality Act within 120 days after the law takes effect. County law enforcement agencies operating detention facilities must also make a reasonable attempt to enter written 287(g) agreements with ICE by Oct. 1, 2026.

A 287(g) agreement allows ICE to train and authorize certain state or local officers to carry out limited immigration enforcement duties. The program is important to the Mississippi law because it creates a formal path for local officers, often in jail settings, to work more closely with federal immigration authorities.

The central legal question is how far a state may go before it crosses into powers reserved for the federal government. Immigration is mainly governed by federal law, and courts often ask whether a state measure supports federal enforcement or interferes with federal authority. The U.S. Supreme Court addressed that boundary in 2012 when it struck down parts of Arizona’s immigration law while allowing some status-check provisions to continue under limits.

That doctrine is known as federal preemption. Federal law can override state law when both governments regulate the same area and the state measure conflicts with Congress’s system. Supporters of laws like Mississippi’s argue that states may help enforce immigration law and protect public safety. Opponents argue that states cannot create their own parallel immigration systems or add penalties that disrupt federal decisions about who is investigated, detained, or removed.

The Mississippi statute also creates criminal penalties tied to immigration status. A person who is unlawfully present and detained while entering or attempting to enter Mississippi directly from a foreign nation outside a lawful port of entry would face a misdemeanor. The measure also creates additional felony penalties for people convicted of certain state crimes who are determined to be unlawfully present in the United States.

The same enforcement structure raises civil rights concerns. The Fourth Amendment limits when police may stop, search, or detain someone. Equal protection principles bar government action that treats people differently because of race, ethnicity, or national origin. A state mandate to identify undocumented residents could face scrutiny if officers rely on appearance, language, accent, or assumptions about immigration status instead of specific facts.

Mississippi’s law includes several defenses. A person may raise an affirmative defense if the federal government has granted lawful presence or asylum, if the conduct does not violate the federal illegal entry statute, or if the person was approved for DACA between June 15, 2012, and July 16, 2021. The statute says participation in some other federal programs does not provide a defense.

Senate Bill 2114 authorizes the Department of Public Safety to adopt rules and regulations needed to implement the measure and allows coordination with the Department of Corrections. The law takes effect July 1, 2026, and is set to stand repealed on July 1, 2028, unless Mississippi lawmakers extend or replace it.