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SB 3116

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTIONS ON STATE AND MUNICIPAL COOPERATION WITH CIVIL IMMIGRATION ENFORCEMENT

2026 Regular Session Introduced by Jonathon Acosta and 7 co-sponsors

Limits state/local cooperation with federal civil immigration enforcement and bans using state resources without a warrant, with a narrow advance-notice exception.

06/04/2026 Referred to House Judiciary
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Bill Summary · SB 3116

Summary of Bill SB 3116 (Rhode Island, 2026)

Title: AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT — RESTRICTIONS ON STATE AND MUNICIPAL COOPERATION WITH CIVIL IMMIGRATION ENFORCEMENT

Session/Jurisdiction: 2026, Rhode Island

introduced: March 13, 2026
Referred to: Senate Judiciary
Sponsors: Ciccone, Quezada, Acosta, Bissaillon, Murray, Kallman, Mack, Bell (with several co-sponsors)

Effective date: Upon passage

1) Legislative intent and purpose

  • The act recognizes that enforcing federal civil immigration law is a federal function.
  • It aims to limit or decline voluntary participation by state and local governments in federal civil immigration enforcement, aligning with the Tenth Amendment and anti-commandeering doctrine.
  • It preserves certain actions: compliance with judicial warrants or court orders, lawful information sharing required by law, cooperation in prosects of criminal offenses, and clarifies that status alone (citizenship/immigration status) is not treated as a criminal offense.

2) Key provisions and changes

A. New Chapter: 42-161.1 (Restrictions on State and Municipal Cooperation with Civil Immigration Enforcement)

  • Defines key terms:
    • Administrative warrant, civil immigration detainer, immigration agent, civil immigration enforcement, law enforcement agency, etc.
    • Non-public information (information not publicly accessible through records or routine access).
  • Sets limitations on use of state resources (Section 42-161.1-2):
    • Prohibits state or local agencies from entering into or renewing any intergovernmental service agreements or contracts for civil immigration enforcement, processing, detention, housing, or removal under 8 U.S.C. § 1357(g) or similar arrangements.
    • Prohibits law enforcement agencies from, in general, participating in or assisting civil immigration enforcement without a valid judicial warrant or court order, including:
    • Providing nonconsensual access to individuals in custody for interviews
    • Transferring or facilitating transfer to immigration authorities
    • Using facilities, equipment, or resources for civil immigration enforcement
    • Providing access to non-public information or non-public databases
    • Providing advance notification of release/transfer/custodial status for civil immigration enforcement purposes
  • Narrow exception for advance notice:
    • Agencies may provide advance release notices to civil immigration officers only if the detainee is charged with a capital offense.

  • Clarifies that this act does not prevent enforcement actions for criminal law violations or cooperation with other agencies in investigating criminal offenses (Section 42-161.1-2(d)).

  • No extension of custody for immigration enforcement purposes (Section 42-161.1-3):

    • Agencies cannot detain someone beyond the time they would be released for civil immigration enforcement absent a judicial warrant or court order.
    • Detainers, administrative warrants, or requests for notification do not create probable cause for continued detention under Rhode Island law.

  • Remedies (Section 42-161.1-4):

    • Civil actions for declaratory and equitable relief for violations.
    • Prevailing plaintiffs may recover reasonable attorneys’ fees and costs.

  • Severability (Section 42-161.1-5): Provisions are severable if any part is held invalid.

3) Who/what would be affected

  • State agencies, offices, departments, and units of state government.
  • Local government units and their subdivisions (counties/municipalities) and their law enforcement components.
  • Law enforcement agencies and officials (including police, sheriffs, probation, etc.).
  • Immigration enforcement interactions: restrictions on assisting or participating in civil immigration enforcement, sharing non-public information, accessing custody, or using resources for such enforcement.
  • Non-public information handling and public records interplay (with emphasis on limiting access/access to information for civil immigration enforcement).

4) Procedural and timeline aspects

  • This act would take effect upon passage (no delayed or phased implementation stated).
  • Provides a formal enforcement mechanism via civil action for any alleged violations, including potential attorneys’ fees for prevailing plaintiffs.
  • The act includes definitional clarity to avoid ambiguity in its application.

5) Potential impact (high-level)

  • Strengthens limits on state and local participation in federal civil immigration enforcement.
  • Encourages compliance with judicial warrants and court orders while restricting voluntary cooperation or use of state resources for immigration enforcement.
  • Aims to protect individuals’ rights and limit non-public information sharing in civil immigration contexts.
  • Creates potential legal recourse for violations, with remedies including declaratory relief and attorneys’ fees.

Compiled from official sources — confirm details with the bill’s official record.

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