Arkansas AG declares city now in compliance with immigration law

Arkansas Attorney General Tim Griffin said the city of Fayetteville is in compliance with the state’s “sanctuary policy” law Thursday, just one day after saying the municipality violated the statute. The decision allows the restoration of discretionary funding that was revoked as a result of violating the law. 

In Thursday’s opinion, Griffin acknowledged Mayor Molly Rawn issued a letter Wednesday clarifying remarks that he previously said violated the statute. Rawn’s office also “issued a statement reaffirming that City employees are not prohibited from cooperating with federal immigration authorities when legally required or requested,” according to Griffin who said these actions led him to conclude that the city was no longer in violation of the law. 

“Fayetteville Police Chief Mike Reynolds acknowledged receiving the statement and affirmed: ‘We have never, nor will we ever, refuse to assist our local state, or federal law enforcement partners,’” Griffin wrote. “Based on this evidence, it is my opinion that the City of Fayetteville is now in compliance with A.C.A. § 14-1-103.”

Griffin also verified that the city was again eligible to receive discretionary funding administered by the state, but noted his certification “is contingent on continued compliance.”

“If my Office is later notified that the City has adopted or implemented a policy, whether written or unwritten, that contravenes the statute, the City will again become ineligible for discretionary State funds,” Griffin said. 

Arkansas AG declares city in violation of state immigration law

The attorney general’s office notified city officials about the reinstatement, which ensures Fayetteville “remains eligible for these critical funding opportunities moving forward,” according to a news release from the city.

Fayetteville received nearly $1 million in state grants in 2024 that supported programs such as park improvements, fire services, drug crime enforcement, environmental initiatives and public safety equipment, according to the release.

“Our responsibility is to the people of Fayetteville. Keeping neighborhoods safe, maintaining and improving reliable services, and investing in our future are our priorities,” Rawn said in a statement. “I appreciate the Attorney General’s confirmation, which allows us to continue accessing state resources.”

The statute in question is the Defense Against Criminal Illegals Act, which state lawmakers passed during the 2025 legislative session. Among other things, the law expanded the state’s current ban on “sanctuary cities,” a term for municipalities that don’t coordinate with federal immigration.

Griffin’s original opinion was requested by Rep. Kendon Underwood, a Cave Springs Republican who claimed in June that the city violated the state law after the mayor issued a news release clarifying the Fayetteville Police Department’s role in an Arkansas State Police traffic stop that involved federal immigration enforcement, according to the Fayetteville Flyer. 

The Fayetteville Police Department received a request from Arkansas State Police related to a traffic stop near I-49 and Exit 64 on the morning of June 17, according to a news release from the city. A Fayetteville police sergeant responded and observed both ASP and ICE personnel, but had no further involvement and left the scene. Fayetteville PD had not been contacted by ICE or other agencies regarding immigration enforcement operations in the city, according to the release. 

“I want to reaffirm clearly: The City of Fayetteville does not assist ICE in carrying out its agenda,” Rawn said in the release. “Our police department’s role is to keep our community safe, not to act as agents of immigration enforcement.”

Griffin wrote in Wednesday’s opinion that the mayor’s statement, which said it “reiterated the city’s position,” reflects a preexisting policy and that violated the state’s sanctuary policy law. 

Rawn issued a letter Wednesday to city council members and Fayetteville’s police chief clarifying that it’s the city’s policy “to fully comply” with all state laws, including the statute in question. 

“The City of Fayetteville has never had a written policy that affirms, suggests, or implies the existence of a sanctuary policy,” Rawn said. “However, to avoid any misunderstanding, I want to make it unequivocally clear that my comments should not be interpreted as supporting or establishing a sanctuary policy in violation of A.C.A. § 14-1-103, either now or at any point in the future.”

The letter contributed to Griffin reversing his decision, according to Thursday’s opinion.