Republican lawmakers on Wednesday introduced legislation aimed at preventing illegal immigrants from serving as armed law enforcement officers.
U.S. Rep. Mary Miller, R-Illinois-15, and U.S. Sen. Ted Budd, R-North Carolina, led the introduction of the Stop Illegal Alien Cops Act, a bicameral bill that would prohibit illegal immigrants employed by police departments from possessing firearms or ammunition issued by a government entity.
According to press releases from Miller’s office and Budd’s Senate office, the legislation is designed to close what sponsors describe as a loophole in federal law that currently allows illegal immigrants to carry firearms if the weapons are issued by a federal, state or local government agency.
Federal law has generally prohibited illegal immigrants from purchasing or possessing firearms since 1968. However, the existing statute includes an exception for firearms issued by a government department or agency. In January 2024, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued guidance stating that individuals approved under Deferred Action for Childhood Arrivals could possess firearms while carrying out official law enforcement duties.
Budd said the new legislation would eliminate that exception.
“Illegal aliens have no Second Amendment rights. It is irresponsible for police departments to arm illegal aliens who have blatantly ignored our immigration laws with firearms and ammunition, let alone on the taxpayers’ dime,” Budd said in a statement released by his office. “Federal law already prohibits those who enter our country illegally from possessing firearms, and it’s time we ensure illegal aliens working at local police departments are held to the same legal standard.”
Budd reiterated that position in a Feb. 25 post on X, writing that federal law already prohibits those who enter the country illegally from possessing firearms and that the bill would ensure illegal immigrants working in local police departments are held to the same standard.
Federal law already prohibits those who enter our country illegally from possessing firearms, & it’s time we ensure illegal aliens working at local police departments are held to the same standard. I am proud to introduce the Stop Illegal Alien Cops Act with @RepMaryMiller.…
— Senator Ted Budd (@SenTedBuddNC) February 25, 2026
Miller said some states have expanded eligibility requirements for police officers to include individuals with certain forms of tentative legal status.
“Sanctuary policies in states like Illinois have gone so far as to allow illegal aliens to wear the badge and carry a firearm,” Miller said in a statement. “Law enforcement authority must be reserved for those who respect and uphold our laws, not those who are in violation of them.”
Sen. Marsha Blackburn, R-Tennessee., a Senate co-sponsor, said the bill would ensure local police departments cannot provide firearms or ammunition to illegal immigrants. Sen. Markwayne Mullin, R-Okla., said the measure would reinforce standards for sworn officers.
Additional Senate sponsors include Sens. Lindsey Graham, R-South Carolina, and John Cornyn, R-Texas. In the House, more than a dozen Republicans joined as co-sponsors.
The legislation has been endorsed by Gun Owners of America, the National Shooting Sports Foundation, the Federation for American Immigration Reform, and the Immigration Accountability Project, according to Budd’s office.
Supporters point to recent arrests by U.S. Immigration and Customs Enforcement involving police or corrections officers alleged to be in the country illegally. Federal officials have announced arrests in Illinois, Maine and Louisiana involving individuals working in law enforcement roles.
The Stop Illegal Alien Cops Act would preserve exceptions for visiting law enforcement officers from foreign governments and for individuals admitted to the United States for lawful hunting or shooting competitions, according to the bill summary.
The legislation has been introduced in both chambers and would need to advance through committee before receiving floor consideration.
