Mississippi passes immigration laws that may face legal challenges, ACLU warns
Legislation in Mississippi aimed at curbing illegal immigration may face legal challenges, the American Civil Liberties Union warned Wednesday. Lydia Grizzell, policy and advocacy manager at the ACLU of Mississippi, declined to confirm whether the organization would pursue legal action.
The laws, passed during the 2026 legislative session, cover a broad spectrum of immigration-related issues and were largely supported by Republican lawmakers. Several GOP members questioned some of the measures, while Democrats opposed each bill under consideration.
One measure, HB 538, updates restrictions on sanctuary policies and prohibits local law enforcement from interfering with federal immigration enforcement, particularly ICE. State Senator Jermey England, a Republican, emphasized that the law aims to ensure federal agents can do their work without interference. Critics, including Democrat Senators, argued the law could lead to increased investigations and legal disputes.
Currently, nearly 30 Mississippi municipalities participate in ICE’s 287(g) program, up from fewer than ten before the bill’s introduction.
Another law, SB 2322, invalidates certain out-of-state driver’s licenses issued to individuals who cannot prove lawful presence in the U.S. The legislation requires immigrants to demonstrate legal status, with licenses indicating non-citizenship and expiring when the individual is no longer lawfully present. Critics, including the ACLU, say this could lead to routine traffic stops escalating into immigration enforcement actions, increasing fear among immigrant communities.
Supporters, such as Senator Hill, argue the measure enhances road safety by addressing drivers who may not speak English or understand traffic signs. Some senators, including Democrat David Blount, expressed concerns that the law could create confusion and criminalize otherwise legal drivers.
Mississippi also enacted the SB 2588, the SHIELD Act, which mandates election officials to verify voters’ citizenship via the federal SAVE system. Governor Tate Reeves praised the law as a step toward election integrity. Critics questioned its effectiveness, citing a small number of noncitizen registered voters in Mississippi.
Additionally, SB 2114 criminalizes illegal immigration, making it a misdemeanor punishable by at least six months in jail. The law also requires the Department of Public Safety to collaborate with federal agencies and establish agreements with ICE under the 287(g) program by October 2026. The law aims to identify and detain illegal aliens residing in Mississippi.
A proposed bill to impose a tax on international money transfers to fund first responders was defeated. Lawmakers expressed concerns over vague language and potential burdens on businesses. The measure would have placed a $7.50 fee on transfers and a 1.5% tax on amounts over $500, but faced opposition and ultimately did not become law.
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