Is the City of Fayetteville now in compliance with Arkansas's sanctuary city ban after the AG's earlier finding that it was not?
Plain-English summary
Arkansas's "sanctuary city" prohibition (A.C.A. § 14-1-103) bars municipalities from adopting policies that limit cooperation with federal immigration authorities. A municipality that violates the statute becomes ineligible for state discretionary funding.
In an earlier Opinion 2025-048, the AG found that Fayetteville maintained a prohibited sanctuary policy and lost discretionary funding eligibility. The AG also said he would issue a new opinion if Fayetteville submitted evidence that the policy had been amended or was no longer operative.
Mayor Molly Rawn submitted that evidence on September 17, 2025. Two pieces:
1. A letter to the City Council clarifying earlier remarks: "It is the policy of the City of Fayetteville to fully comply with all laws of the State of Arkansas, including Ark. Code Ann. § 14-1-103."
2. A statement reaffirming cooperation with federal immigration authorities, distributed to lawmakers and law enforcement leadership. Police Chief Mike Reynolds confirmed receipt and stated: "We have never, nor will we ever, refuse to assist our local state, or federal law enforcement partners."
Based on this evidence, the AG certifies that Fayetteville is now in compliance with § 14-1-103 and is again eligible for state discretionary funding.
Conditional certification. The AG is explicit: "this certification is contingent on continued compliance. If my Office is later notified that the City has adopted or implemented a policy, whether written or unwritten, that contravenes the statute, the City will again become ineligible for discretionary State funds."
What this means for you
If you are a city official
Two takeaways:
1. Public statements about cooperation with federal immigration authorities matter. The AG enforces the sanctuary-policy prohibition not just on written ordinances but on practical operating policies. Mayor Rawn's clarifying letter to the City Council and the Police Chief's statement were treated as compliance evidence.
2. Compliance is monitored. The AG's certification is contingent. A future "policy, whether written or unwritten, that contravenes the statute" can trigger reinstatement of ineligibility.
If you are a city attorney
Build a sanctuary-policy compliance program:
- Review all city policies, employee handbooks, and standard operating procedures for any provisions limiting cooperation with federal immigration authorities.
- Document ongoing cooperation efforts with relevant federal agencies.
- Prepare a designated point of contact for federal immigration authority requests.
- Have a public statement ready to certify compliance if challenged.
If you are a city council member
Public statements at meetings can become evidence. The AG looks at the totality of the city's posture, not just formal ordinances. Avoid resolutions or statements that could be construed as discouraging cooperation with federal immigration authorities.
If you are a state legislator considering similar enforcement
The Fayetteville sequence (find of noncompliance, evidence submission, certification of compliance, conditional going-forward) shows the practical operation of A.C.A. § 14-1-103. The mechanism works through funding use, not direct litigation.
If you are an immigrant rights advocate
The AG's reading of § 14-1-103 covers both written and unwritten policies. Cities cannot create informal cooperation barriers without losing state discretionary funding. Advocacy in this area must work within the statutory framework or seek statutory amendment.
If you are a federal immigration officer in Arkansas
The AG's reading reinforces that Arkansas cities are required to cooperate. The Fayetteville Police Chief's public statement reflects that posture: "We have never, nor will we ever, refuse to assist our local state, or federal law enforcement partners."
Common questions
What does A.C.A. § 14-1-103 prohibit?
Municipal "sanctuary policies" that limit cooperation between local officials and federal immigration authorities. The statute conditions state discretionary funding on compliance.
What happens if a city is non-compliant?
The city becomes ineligible for state discretionary funding. This is the use mechanism in the statute.
How does a city get re-certified?
By submitting evidence that the prohibited policy has been amended or rendered ineffective. The AG reviews the evidence and issues a new opinion if compliance is established.
Is the certification permanent?
No. It is contingent on continued compliance. A future change in policy (written or unwritten) can trigger reinstatement of ineligibility.
What is "state discretionary funding"?
Funding distributed by state agencies on a discretionary basis, as opposed to formula-based or constitutionally required distributions. The exact list depends on the funding source.
Does this opinion apply to other Arkansas cities?
The opinion is specific to Fayetteville. But the legal framework applies to every Arkansas municipality. Other cities should review their own policies for compliance.
Background and statutory framework
A.C.A. § 14-1-103. Arkansas's prohibition on municipal sanctuary policies. Conditions state discretionary funding on compliance.
Earlier opinion in this sequence. Opinion 2025-048 found Fayetteville maintained a prohibited sanctuary policy. That opinion put Fayetteville in non-compliance.
This opinion's evidence basis:
- September 17, 2025 letter from Mayor Rawn to the City Council.
- Statement reaffirming city employees' authority to cooperate with federal immigration authorities.
- Police Chief Mike Reynolds's affirmation of cooperation.
Conditional certification mechanism. The AG retains the right to revisit certification if evidence emerges of new noncompliance.
Citations
Statute:
- A.C.A. § 14-1-103 (sanctuary policy prohibition; state funding eligibility)
Other AG opinions:
- Opinion 2025-048 (initial finding of noncompliance)
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-097
September 18, 2025
The Honorable Molly Rawn
Mayor, City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor Rawn:
In Opinion No. 2025-048, I determined that the City of Fayetteville maintained a prohibited "sanctuary policy" under A.C.A. § 14-1-103. Because the policy was both current and effective, I concluded that the City was ineligible to receive discretionary funding administered by the State. I also noted that, should the City submit evidence showing that its policy had been amended or was no longer operative, I would issue a new opinion certifying that the policy had been repealed or rendered ineffective.
On September 17, 2025, you issued a letter to the Fayetteville City Council clarifying your earlier remarks. You wrote, "It is the policy of the City of Fayetteville to fully comply with all laws of the State of Arkansas, including Ark. Code Ann. § 14-1-103."
Today, you further informed my office that you have "issued a statement reaffirming that City employees are not prohibited from cooperating with federal immigration authorities when legally required or requested." You also noted that this clarification was distributed directly to lawmakers and law enforcement leadership, each of whom confirmed receipt. Fayetteville Police Chief Mike Reynolds acknowledged receiving the statement and affirmed: "We have never, nor will we ever, refuse to assist our local state, or federal law enforcement partners."
Based on this evidence, it is my opinion that the City of Fayetteville is now in compliance with A.C.A. § 14-1-103.
Accordingly, I now certify that the City of Fayetteville is eligible to receive discretionary funding administered by the State.
Please note that this certification is contingent on continued compliance. If my Office is later notified that the City has adopted or implemented a policy, whether written or unwritten, that contravenes the statute, the City will again become ineligible for discretionary State funds.
Sincerely,
TIM GRIFFIN
Attorney General