ACLU of Kansas warns against anti-immigrant driven bill undermining Fourth Amendment

FOR IMMEDIATE RELEASE

March 27, 2026

CONTACT

Esmie Tseng, Communications Director, [email protected]

TOPEKA, KS – On Friday, the Kansas legislature passed legislation that would undermine Fourth and Fourteenth Amendment rights in the state in order to support federal civil immigration enforcement. S Sub HB 2372 would significantly increase county sheriffs’ authority to indefinitely detain people without criminal charges, and SB 452, which was bundled in during the conference committee, would grant new protections at the state level to federal and local law enforcement officers.

“This is a part of a larger, coordinated legislative and political attack on immigrants and people of color in Kansas,” said Micah Kubic, Executive Director of the ACLU of Kansas. “If passed, this law would essentially render sheriffs’ detention authority limitless and open the doors to the rights violations we’ve seen across the country in 2026.

“Legislators have taken one more step toward undermining our Fourth Amendment rights requiring that any detention be supported by probable cause. These new provisions would break down the boundaries between local and federal operations, exposing agencies in our state to federal civil rights litigation, all for the goal of targeting members of our community. Make no mistake – this may start with immigrants, but this is an attack on the fundamental rights and freedoms for all of us.”

The bill now heads to Governor Kelly's desk.

Earlier this month, the Senate Committee on Federal and State Affairs used the infamous “gut-n-go” tactic to insert the contents of SB 525 into the contents of HB 2372, previously the Fallen Firefighters Memorial Fund that passed the House in its original form. The move allowed S Sub HB 2372 to bypass a floor vote in the House. It then went to the House for a motion to concur with the Senate’s amendments. SB 525, the original bill, failed to include the 48-hour detention limit included in its House companion, HB 2771, a change suggested by Attorney General Kris Kobach when the House Committee heard the bill.

Despite some minor safeguards requiring an individual’s release if a detainer is found to be insufficient, canceled, or if the person provides proof of citizenship or lawful status, the bill fails to eliminate the fundamental risk, demonstrated in historical examples of ICE detainers containing errors and in recent examples across the country in which U.S. citizens and lawful permanent residents have been mistakenly held. The bill also attempts to remove county-level oversight where elected commissioners provide approval for sheriffs to enter 287(g) agreements, granting even more power to a public office that has become an increasing threat to democracy in recent years.

The bill also increases the likelihood of federal litigation under 42 U.S.C. § 1983, habeas corpus challenges, and constitutional claims under the Fourth and Fourteenth Amendments.

ACLU of Kansas testimony on HB 2771 can be found here, SB 525 here, and SB 452 here.

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About the ACLU of Kansas: The ACLU of Kansas is the statewide affiliate of the national American Civil Liberties Union. The ACLU of Kansas is dedicated to preserving and advancing the civil rights and legal freedoms guaranteed by the United States Constitution and the Bill of Rights. For more information, visit our website at www.aclukansas.org.