SB 2114 Mississippi Senate · 2026 Regular Session

Immigration; criminalize illegal entry and require cooperation with federal authorities.

Mississippi's SB 2114 creates new state felony offenses for undocumented immigrants who enter the state directly from a foreign nation without using a legal port of entry, or who are arrested for certain crimes while unlawfully present in the U.S. The bill requires state law enforcement to coordinate with federal immigration authorities through a formal agreement (modeled on the federal 287(g) program) and mandates the Department of Public Safety to track the identities and backgrounds of undocumented residents. It also directs courts to order convicted individuals to be deported and transferred to state corrections for repatriation, while banning eligibility for expungement or early release programs. This law directly affects undocumented immigrants in Mississippi and shifts enforcement responsibilities to state agencies under state criminal law.

Bill status signed all 5 stages cleared

Introduction

Feb 2026

Committee Review

Mar 2026

Senate Passage

Feb 2026

House Passage

Mar 2026

Signed into Law

Apr 2026

Introduced Feb 12, 2026 Signed Apr 8, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

As Passed the upper → Current version · 8 edits

MODERATE

The bill was softened to reduce its enforcement power and legal penalties. Key changes include shifting from a mandatory to a permissive approach for gathering illegal alien data, removing the requirement to execute specific federal cooperation agreements, and significantly lowering the criminal penalty for unauthorized entry from a felony to a misdemeanor. Additionally, the bill now includes an affirmative defense for defendants and repeals itself in 2028.

Scope change

The bill's scope was narrowed regarding mandatory enforcement actions and expanded to include an affirmative defense for individuals charged under the act.

REQUIREMENT

Changed the requirement for the Department of Public Safety to determine illegal alien identities from a mandatory duty to a permissive option using 'reasonable' means.

Removed the mandatory requirement to execute a Section 287(g) memorandum of agreement with federal immigration authorities, replacing it with a requirement to make a 'reasonable attempt'.

Changed the requirement for county detention facilities to execute agreements with federal agencies from mandatory to a 'reasonable attempt' to do so.

DEFINITION

Updated the definition of 'Alien' to reference federal law as it existed on January 1, 2026, instead of January 1, 2023.

ENFORCEMENT

Reduced the penalty for entering the state illegally from a felony (2+ years) to a misdemeanor (6+ months) and added a condition that the person must be detained while entering.

Added authority for the Attorney General to investigate and sue governmental entities alleged to be in violation of the act.

ELIGIBILITY

Added an affirmative defense allowing individuals charged under the act to avoid prosecution if they meet specific criteria.

TIMELINE

Replaced the self-repeal date of June 30, 2026, with a new repeal date of July 1, 2028, and added a sunset provision.

Floor votes · Senate Feb 10, 2026 · House Mar 10, 2026

How they voted

38–14

Passed

Total votes 52

Feb 10, 2026

D Democratic18

4 Yea 14 Nay

77% Nay

R Republican34

34 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 8, 2026

Signed into law

Approved by Governor

executive

Mar 31, 2026

Lower · Passed

Conference Report Adopted

lower

Mar 30, 2026

Upper · Passed

Conference Report Filed

upper

Mar 10, 2026

Lower · Passed

Passed As Amended

lower

Mar 10, 2026

Lower · Passed

Amended

lower

Mar 3, 2026

Lower · Passed

Title Suff Do Pass As Amended

lower

Feb 16, 2026

Committee

Referred To Judiciary A

lower

Feb 12, 2026

Introduced

Transmitted To House

upper

Feb 10, 2026

Upper · Passed

Passed

upper

Feb 10, 2026

Amended

Amendment Failed

upper

Feb 3, 2026

Upper · Passed

Title Suff Do Pass Comm Sub

upper

Jan 9, 2026

Committee

Referred To Judiciary, Division B

upper

1 primary · 3 co-sponsors