SB 1779

Effective July 1, 2026, this bill makes it an offense for a person who has a valid order of removal to intentionally fail or refuse to depart from this state within 90 days of the date of the final order of removal. Such offense is a Class A misdemeanor , which is punishable by imprisonment of no more than 11 months, 29 days; a fine not to exceed $2,500; or both. However, if such a person has not exhausted all available paths under federal law for challenging the final order of removal, then the court m us t grant a stay of the criminal proceedings until the person has exhausted all available paths. PROHIBITION ON REENTRY INTO THIS STATE This bill generally makes it a Class A misdemeanor for a person who has been denied admission, excluded, deported, or removed from the United States, or who has departed the United States while an order of exclusion, deportation, or removal is outstandin g, to intentionally enter or attempt to enter this state. However, there is an exception for persons who have express consent from the United States attorney general to reapply for admission or such person has established they are not required to obtain su ch advance permission under federal law. Although, if such a person has not exhausted all available paths under federal law for challenging the final order of removal, then the court must grant a stay of the criminal proceedings until the person has exha usted all available paths. The offense described in the paragraph above takes effect on the 30 th day following the occurrence of either (i) the issuance of any decision of the United States Supreme Court overruling, in whole or in part, Arizona v. United States , thereby authorizing states to determine that a person is unlawfully present in this state; or (ii) adoption of a federal statutory provision that, in whole or in part, removes the preemption of states' ability to determine that a person is unlawfully pr esent in this state. ON MARCH 16, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1704, AS AMENDED. AMENDMENT #1 clarifies that a person, as described in the bill summary, is a person who is 18 or older.