Shawnee County, KS Immigration Policy: Sanctuary Policy Preemption (2026)
Key Facts
- Section
- Shawnee County Code § 2-15
- Adopted by
- Resolution No. 2017-79
- Applies to
- County officials and employees only
- Federal law cited
- 8 U.S.C. 1373
- Enforcement
- Internal policy, no fine schedule entry
- Cities inside county
- Set their own separate policy
Summary
Shawnee County has formally refused to adopt any sanctuary policy. County Code Sec. 2-15, passed by Resolution No. 2017-79, states the county 'has not elected sanctuary county policy' and directs every county official and employee to comply with 8 U.S.C. 1373, the federal law barring local governments from restricting communication with federal immigration agents.
(a)The board of county commissioners sets policy for the county officials and employees.(b)The U.S. Congress has enacted 8 USC 1373 which prohibits federal, state, and local entities and officials from establishing policy that prohibits or restricts communication with federal agents who enforce federal immigration laws.(c)The board of county commissioners requires county officials and employees to comply with the Constitution and the laws of the United States government and the state, as interpreted by state and federal courts.(d)County officials and employees should respect and observe the rules of law.(e)Unless repealed or declared unconstitutional, county officials and employees shall comply with 8 USC 1373.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 1).
Full Breakdown
Section 2-15 is a five-part board directive, not a criminal ordinance. Subsection (a) confirms the board of county commissioners sets policy for county officials and employees. C. 1373, which bars federal, state and local entities from adopting policy that restricts communication with federal immigration officers. C. ' The directive binds only Shawnee County government: the sheriff's office, health department and other county departments. It does not reach police departments of the cities inside the county, including Topeka, which set their own policies separately. The section was codified into Chapter 2, Article I of the 2006 Code and carries no companion entry in the Sec. 2-132 fine schedule, meaning it functions as internal governance policy rather than a chargeable offense.
Violations & Fines
Sec. 2-15 sets no fine or misdemeanor charge of its own, and it is absent from the Sec. 2-132 fine schedule that lists dollar penalties for other home-rule violations. A county employee who directs staff to withhold communication with federal immigration agents would be addressed through internal personnel discipline under the board's authority in subsection (a), not through district court prosecution.
Frequently Asked Questions
Is Shawnee County a sanctuary county?
Does this rule apply to the Topeka Police Department?
What happens if a county employee violates this directive?
Could Shawnee County reverse this policy later?
Sources & Official References
Other rules in Shawnee County
Compare Shawnee County to another location·View the Kansas immigration policy overview
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