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Bill adding harsher penalties to felonies committed by undocumented migrants passes Arkansas House

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Bill adding harsher penalties to felonies committed by undocumented migrants passes Arkansas House

Apr 10, 2025 | 5:30 am ET
By Sonny Albarado
Bill adding harsher penalties to felonies committed by undocumented migrants passes Arkansas House
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Gov. Sarah Huckabee Sanders (right) talks with state Rep. Frances Cavenaugh, R-Walnut Ridge, after Sanders announced the introduction of an immigration bill sponsored by Cavanaugh and Sen. Bart Hester, R-Cave Springs. (Photo by Sonny Albarado/Arkansas Advocate)

The Arkansas House approved a bill Wednesday night establishing harsher penalties for undocumented migrants who commit violent felonies in the state.

Senate Bill 426, known as the Defense Against Criminal Illegals Act, also mandates Arkansas law enforcement agencies participate in a federal Immigration and Customs Enforcement program that deputizes them to help ICE apprehend and deport undocumented migrants held in local jails and state prisons.

The Senate passed the bill 45-5 on April 2, with five of the chamber’s six Democrats opposed. Sen. Stephanie Flowers, D-Pinebluff, was absent.

The House voted 73-20 with 2 voting present to pass SB 426 Wednesday night. 

The bill creates the following additional penalties depending on the type, or class, of felony:

  • A person convicted of a Class D felony, or an unclassified felony with no more than six years of prison time, would get up to four years added to the sentence;
  • A person convicted of a Class A, B or C felony, or an unclassified felony with a prison sentence between six and 30 years, would get up to 10 years added to the sentence;
  • A person convicted of a Class Y felony, or an unclassified felony with a prison sentence of longer than 30 years or life, would get up to 20 years added to the sentence.

In Wednesday’s committee meeting, Rep. Diana Gonzales Worthen, a first-term Democrat from Springdale, spoke against the bill, telling her colleagues that the legislation will destroy trust between the Latino community and law enforcement that has taken years to build.

In the House Judiciary Committee on Tuesday, the bill’s House sponsor Walnut Ridge Republican Frances Cavenaugh said the bill fulfills Gov. Sarah Huckabee Sanders’ promise to help make Arkansans safer.

At a March 17 press conference announcing the legislation, Sanders said: “The Defense Against Criminal Illegals Act makes it clear: Arkansas will not tolerate violent, criminal illegals and will do our part to help the Trump administration keep our citizens safe.”