Governor signs locally sponsored legislation into law banning immigration sanctuary policies in Wyoming

(Cheyenne, WY) – Wyoming Gov. Mark Gordon signed a bill into law last week that Wyoming Rep. Joel Guggenmos, R-Riverton, sponsored to ban immigration sanctuary policies in the state.

House Bill 133 – now House Enrolled Act 76 – prohibits the implementation of policies that restrict government officials or employees from “communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information” while they’re acting within the scope of their official duties. 

The legislation also gives state residents the “private right of action to file for a writ of mandamus to compel any non-cooperating state or local official or employee to comply” with the new law.

Penalties

Originally, HB 133 required the state to withhold funding from government entities that violated the new law, and it subjected local officials and employees to felony charges if they failed to cooperate with federal officials or law enforcement officers with regard to reporting immigration status information – but those sections were amended out of the bill.

Guggenmos said he included those penalties in the original bill draft because he “wanted to set some pretty severe consequences” for “local officials that basically violate their oath of office to protect and defend the Constitution of the United States and the Constitution of Wyoming.”

“That’s a pretty severe offense, in my viewpoint,” Guggenmos said when he presented HB 133 in front of the Senate Agriculture, State and Public Lands & Water Resources Committee last month.

He later explained that, without those “teeth” in the bill, the new law might be difficult to enforce.

“I believe that is why we are, as a nation and a whole, seeing an increase in criminal activities – because the punishment for the crime is negligible … compared to the crime itself,” he said. “That’s why I put that (penalty) in there. … I wanted to give it teeth so that people would hopefully think twice before violating this law.”

Immigration

Guggenmos also took the opportunity during last month’s Senate Agriculture Committee meeting to “clarify” that HB 133 “has nothing to do (with) race.”

“That’s not the intent of this bill,” he said. “I thank God every day that this nation that we live in has such diversity, (and) I am very grateful that we have the immigration policies that we have to allow people from all over to be able to come to America and enjoy the life that we can live here.

“But there is a correct way of doing it, and there is an illegal way of doing it. So that is all this bill is trying to facilitate – that there is no hindrance to that process.”

ACLU of Wyoming Advocacy Director Antonio Serrano said HB 133 would send a message to all immigrants – documented or not – that “they are not welcome in Wyoming.”

“I have spent years working with immigrant families and individuals that are building our state,” Serrano said. “Bills like this impact them.”

For example, he said, residents living in mixed-status families will be “less likely to report crimes” as a result of HB 133, thereby “eroding trust with local law enforcement.”

“If you want to keep Wyoming safe … do not pass this (legislation) pushing immigrants further into the shadows,” he said. “There’s a lot of people in Wyoming who are documented – who are citizens – who have family who are undocumented. So when you pass a bill that’s targeting one immigrant, you’re targeting all immigrants. … That’s how these bills are received.”

He also addressed Guggenmos’ earlier statement about people who immigrate the “correct way” – something Serrano said can be difficult to do because “our immigration system is broken” and is “actively making it harder for immigrants to come here.”

“The only people who are able to do it the ‘legal’ way are people who have access to a lot of financial support,” Serrano said. “Obtaining legal status is an incredibly difficult process that can take 20-30 years (and) can cost upwards of $10,000. If you’re struggling to survive or you’re fleeing for asylum … how do you save up to pay for a lawyer?” 

A lot of people who are currently undocumented did come to the United States the “right” way initially, he added, but they have since “overstayed” their visas and “haven’t been able to get things updated.”

“You’re catching a lot of people who have been doing the right thing,” he said. “This is telling them they’re not welcome here.”

Wyoming Sen. Laura Pearson, R-Kemmerer, pointed out that it’s illegal to remain in the United States beyond the permitted visa time and noted that employers often pay for “immigrants to come up here at no cost,” but Serrano said those workers can end up feeling like they’re “held hostage.”

“They are not free to do what they would like to do, (and) they are not free to work anywhere else,” he said. “Those systems are not fair, and they’re not easily accessible for everybody.”

Pre-emptive legislation

Serrano and others also pointed out to the Senate Agriculture Committee that no government entities in Wyoming are currently planning to enact sanctuary legislation – and they’re not likely to do so in the future, either.

Guggenmos responded to those comments by calling HB 133 a “pre-emptive” bill that will prevent “this from becoming an issue – rather than reacting to a situation that would happen.”

“I would hope that this would never happen in Wyoming, but I’ve seen things happen in our nation that I never thought I would ever see,” he said. “This is pre-emptive.”

Wyoming Sen. Mike Gierau, D-Jackson, referred to HB 133 as one of the “fear bills” when it was debated on the Senate Floor.

“This bill does nothing … except one thing,” he said. “It makes us feel good about creating a fear that doesn’t exist – and then solving it. With an answer that won’t work.”

Wyoming Sen. Bill Landen, R-Casper, said he “struggled” with HB 133 as well, because he has never seen any “problems … in this regard at all.”

“We are not a place that favors sanctuary cities,” he said. “(This bill) doesn’t even take care of a problem, because there isn’t a problem. … I’ve just not heard the sponsors of the bill explain very well: Why do we need this bill?”

Wyoming Sen. Darin Smith, R-Cheyenne, pushed back on Landen’s comments by referring to the 2024 murder of Georgia nursing student Laken Riley, whose convicted killer “shouldn’t have been in this country.”

“We need to enforce the laws that we have on our books (and) give our local law enforcement guidelines in terms of what we expect,” he said.