Fayetteville, Arkansas, Found to be in Violation of State Law Prohibiting "Sanctuary Policy"

Strategic Insights -

The city of Fayetteville, Arkansas, has been found to be in violation of a state law that prohibits "sanctuary policies," according to an opinion released by Arkansas Attorney General Tim Griffin on Wednesday. The 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. The dispute centers around the city's policy of not participating in civil immigration enforcement, which Underwood and the attorney general claim is a violation of the state's sanctuary policy law. The city argues that it has long scrupulously followed and obeyed the sanctuary policies prohibited law and that the law does not require Fayetteville police officers to act as immigration enforcement agents.

Key Takeaways:

  • The city of Fayetteville, Arkansas, has been found to be in violation of a state law that prohibits "sanctuary policies" according to an opinion released by Arkansas Attorney General Tim Griffin on Wednesday.
  • Rep. Kendon Underwood, a Cave Springs Republican, requested the opinion after claiming 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.
  • The city's policy of not participating in civil immigration enforcement is at the center of the dispute, with Underwood and the attorney general claiming it violates the state's sanctuary policy law.
  • The city argues that it has long scrupulously followed and obeyed the sanctuary policies prohibited law and that the law does not require Fayetteville police officers to act as immigration enforcement agents.
  • The attorney general's office has exchanged four letters with the city seeking information about its existing policies that are relevant to the law, but the city believes its policies don't violate state law or are relevant to the statute.
  • If the city does not comply with the state law, it will be ineligible to receive discretionary funding provided by the state until the attorney general certifies the sanctuary policy is repealed or no longer in effect.
  • The city's mayor, Molly Rawn, has clarified that it's the city's policy to fully comply with all state laws, including the statute in question, and the police department has not been contacted by ICE or other agencies regarding immigration enforcement operations in the city.
  • The attorney general has stated that the city may submit evidence demonstrating that the sanctuary policy is no longer current or that exceptions have been made that would allow City employees to comply with the statute.
  • Fayetteville City Attorney Kit Williams argued in a June 18 letter to the mayor and city council addressing Underwood's complaint that he did not believe Rawn's statement violated the law.

Statistics:

  • The city of Fayetteville, Arkansas, has been found to be in violation of a state law that prohibits "sanctuary policies."
  • The state's sanctuary policy law applies to counties, cities, unincorporated towns, or "any other political subdivision of the state."
  • The law requires local governments to cooperate with federal agencies to verify a person's immigration status, grants to illegal immigrants the right to lawful presence or status in violation of federal law, prevents law enforcement from asking about citizenship or immigration status, restricts cooperation with detainers or other requests from Immigration and Customs Enforcement, or requires ICE to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal requests to maintain custody of immigrants or transfer their custody to ICE.
  • If a local government is found to be in violation of the state's sanctuary policy law, it will be ineligible to receive discretionary funding provided by the state until the attorney general certifies the sanctuary policy is repealed or no longer in effect.
  • The attorney general's office has exchanged four letters with the city seeking information about its existing policies that are relevant to the law.

Sources:

  • (https://ag-opinions.s3.amazonaws.com/uploads/2025-048.pdf) Opinion of Arkansas Attorney General Tim Griffin, dated September 17, 2025.
  • (https://fayettevilleflyer.com/2025/06/19/state-legislator-says-fayetteville-violated-state-sanctuary-cities-law-seeks-to-withhold-funding/) Report by Fayetteville Flyer, dated June 19, 2025.
  • (https://arkansasadvocate.com/wp-content/uploads/2025/09/Underwood-Sanctuary-City-Response-09172025.pdf) News release by Rep. Kendon Underwood, dated September 17, 2025.
  • (https://arkansasadvocate.com/wp-content/uploads/2025/09/AG-Opinion-Letter-to-Council-91725.pdf) Letter from Mayor Molly Rawn to city council members, dated September 17, 2025.
  • (https://arkansasadvocate.com/wp-content/uploads/2025/09/MEDIA-RELEASE-2025-06-17-City-Of-Fayetteville-Statement-On-ICE.pdf) News release from the city of Fayetteville, dated June 17, 2025.
  • (https://www.arkleg.state.ar.us/Bills/Detail?id=sb426&ddBienniumSession=2025%2F2025R&Search=) Arkansas Legislative Council Report on the Defense Against Criminal Illegals Act, dated spring 2025.
  • (https://arkansasadvocate.com/2025/08/14/repub/immigration-crackdown-intensifies-in-d-c-under-trump-order-for-federal-control/) Report by Arkansas Advocate, dated August 14, 2025.
  • (https://arkansasadvocate.com/2025/04/28/repub/trump-orders-list-of-sanctuary-cities-to-target-for-funding-freeze/) Report by Arkansas Advocate, dated April 28, 2025.
  • (https://www.newsfromthestates.com/article/how-megabill-allows-trump-expand-mass-deportations-curb-immigrant-benefits) Report by News from the States, dated [date].
  • (https://arkansasadvocate.com/wp-content/uploads/2025/09/Fayetteville-City-Attorney-ICE-Response-06182025.pdf) Letter from Fayetteville City Attorney Kit Williams to the mayor and city council, dated June 18, 2025.
  • (https://arkansasadvocate.com) Arkansas Advocate Report, [date].