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SB 828

Immigration Enforcement - Sensitive Locations - Access, Guidance, and Policies (Protecting Sensitive Locations Act)

2025 Regular Session Introduced by Will Smith

Limits federal immigration enforcement at sensitive locations (schools, libraries, health facilities) and requires the Attorney General to publish guidance and agency policies.

Third Reading Passed
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Bill Summary · SB 828

SB 828 — Immigration Enforcement — Sensitive Locations — Access, Guidance, and Policies (Protecting Sensitive Locations Act)

Status: Third Reading Passed (Emergency measure); Introduced Jan 28, 2025. Sponsor: Senator Smith. Companion bills: HB 3834, HB 827.

Main purpose

To limit federal immigration‑enforcement activities at certain “sensitive locations” operated or funded by the State, require the Attorney General to publish guidance about enforcement and individual rights, and require State entities operating at those locations to adopt policies consistent with that guidance (or explain why they do not).

Key provisions

  • Definition of “sensitive location”: expressly includes public schools, public libraries, state‑operated health care facilities, facilities operated by the Comptroller, courthouses, and any other location that (a) provides State‑funded services related to physical/mental health, education, or shelter care and (b) the Attorney General determines requires special consideration for immigration enforcement.
  • Access restriction (Criminal Procedure Article §2‑104.2):
    • Public schools, public libraries, and executive branch units operating at a sensitive location must deny access to any portion not open to the general public to individuals seeking access for the purpose of enforcing federal immigration law — unless the individual presents a valid warrant issued by a federal or state court, or exigent circumstances exist.
    • Does not apply to State or local correctional facilities.
  • Attorney General requirements (State Government Art. §6‑111):
    • Develop and publish guidance for entities operating at sensitive locations that “limit immigration enforcement … to the fullest extent possible consistent with federal and State law.”
    • Publish guidance on the rights and responsibilities of individuals who interact with federal personnel enforcing immigration law.
  • Agency policies and reporting:
    • Each public school, public library, and executive branch unit operating at a sensitive location must, on or before Oct 1, 2025, implement a policy consistent with the Attorney General’s guidance, or provide written notice to the AG explaining why it will not adopt such a policy and include any existing relevant policies.
  • Administrative procedure and timing:
    • The guidance and required policies are explicitly not subject to the State Administrative Procedure Act (Title 10, Subtitles 1–3).
    • Effective date specified as June 1, 2025 (emergency measure language included).

Who is affected

  • State public schools and public libraries, executive branch units operating at sensitive locations (including state health facilities and other covered services).
  • Federal immigration enforcement personnel seeking nonpublic access to these locations.
  • Individuals interacting with federal personnel at these sites (guidance on rights/responsibilities).

Fiscal and operational impacts

  • Fiscal note estimates the Office of the Attorney General can develop and publish guidance with existing resources. No material statewide or local fiscal impact anticipated, though implementation depends on the guidance content.

Legal context/limits

  • The bill operates within the constraints of federal immigration authority; it does not authorize interference with valid federal warrants and recognizes exigent‑circumstance exceptions. Federal preemption and court interpretations may affect enforcement and scope.

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

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