Abusive Preemption in 2025 State Legislative Sessions: Laws Erode Local Authority on Immigration, Higher Education, Public Health, and More

As many 2025 state legislative sessions come to a close, abusive preemption once again threatens local control of a number of issues. Across the country, states continue to advance legislation that interferes with the ability of local governments to tailor local solutions for local needs.

As of late May, Local Solutions Support Center (LSSC) tracked a total of 685 abusive preemption bills. 58 of these bills have officially passed and 24 bills are awaiting governors’ signatures. Tennessee, Arizona, Kansas, Idaho, and Indiana are among the states with high numbers of abusive preemption bills passed.

Notable categories of abusive preemption bills from 2025 state legislative sessions that have become law or came close to becoming law include:

Immigration Enforcement

  • Bills targeting immigrants make up the highest number (16) of abusive preemption bills passed in 2025 state legislative sessions. Many of these bills require local government cooperation with federal immigration enforcement, cause undue burden on local law enforcement, waste time and resources, heighten concerns of racial profiling, and threaten localities with lawsuits and withholding of public funding for failure to comply.

  • In Florida, Governor DeSantis signed SB 2C into law, essentially criminalizing and discriminating against immigrants. These harsh provisions include:

    • Creating criminal offenses for non-citizens who vote,

    • Imposing extreme punishments on anyone the state deems to be a “dangerous unauthorized alien offender,” and

    • Strong-arming cooperation from local law enforcement and state agencies.

  • In Tennessee, Governor Lee signed SB 6002 into law, imposing criminal penalties on local officials who adopt sanctuary policies and requiring their removal from office.

  • Additional bills in Wyoming (HB 133), North Dakota (HB 1303), South Dakota (SB 7), and Michigan (HB 4338) also ban localities from instituting sanctuary city policies.

Higher Education

  • Emboldened by federal action, states are taking aim at Diversity, Equity & Inclusion (DEI) efforts on college campuses.

  • In Ohio, Governor DeWine signed SB 1 into law, effectively restricting academic freedom and eliminating DEI activities at public universities and colleges in the state. Restrictions include:

    • Banning any and all teachings, trainings, and activities related to DEI,

    • Dismantling administrative offices and student groups related to DEI,

    • Banning faculty strikes, and

    • Requiring course syllabi to be posted online — subjecting faculty to heightened, politically-motivated scrutiny.

  • Additional bills in Mississippi (HB 1193), Indiana (SB 289), and Oklahoma (SB 796) similarly seek to erase DEI activities.

Public Health

  • In Utah, Governor Cox signed HB 81 into law, prohibiting locals from adding fluoride to public water systems despite warnings from medical experts about negative impacts to public health. Florida Governor DeSantis also signed SB 700 (“Florida Farm Bill”) into law, banning "the use of certain additives in a water system," which includes fluoride.

  • In Kansas, SB 29 will become law, removing the authority of a county or local board of health or health officer to prohibit public gatherings when necessary for control of disease. The legislature overrode Governor Kelly’s veto of this bill.

  • In Idaho, Governor Little signed HB 32 into law, prohibiting local mask mandates.

  • In Tennessee, Governor Lee signed two bills into law:

    • SB 263 prohibits state and local government entities from following guidance, recommendations, and mandates issued by the World Health Organization, United Nations, or World Economic Forum.

    • HB 134 prohibits schools from selling food or beverage items containing Red 40, interfering with school districts’ authority to make decisions about nutrition for their students.

DOGE-Imitation

  • Mere weeks after President Trump created the ‘Department of Government Efficiency’ to slash government spending, states began to follow suit by introducing legislation that would create new government task forces. As of late May, 10 states had introduced 18 pieces of legislation that cite ‘government efficiency’ but would, in practice, dismantle critical public programs and supports. The chilling effect of these bills gives state leaders the unchecked power to punish or restrict local governments’ authority.

  • In Texas,

    • Governor Abbott signed SB 14 into law, creating Texas’ version of DOGE, where members will be governor-appointed.

    • HB 2715 has been sent to the Governor’s desk. The bill would allow the Governor to unilaterally suspend an elected official for not “follow[ing] and execut[ing] the laws of this state in accordance with the officer’s oath of office”, and appoint a replacement to fill the office while the petition for removal is considered by the district court.

  • In North Dakota, Governor Armstrong signed HB 1442 into law, creating a legislative task force on government efficiency.

  • In Nebraska, Governor Pillen approved LB 123, limiting local governments’ ability to raise and spend tax revenue.

“Death Star”

  • In recent years, states including Texas and Missouri have advanced sweeping ‘Death Star’ policies, named for their aim to eliminate all local authority on a wide range of issues, including agriculture, business and commerce, finance, insurance, labor, local government, natural resources, and property.

  • This year, Tennessee Governor Lee signed HB 1097 into law. The bill gives the state Attorney General the power to investigate any official action taken by a local governing body upon request of any member of the general assembly, if the member alleges the action violates state law or the state constitution. This bill has major political implications and stands to disrupt local governments.

Public Benefits

  • In Idaho and Mississippi, Governors Little and Reeves signed laws to ban public camping: S 1141 and HB 1203, respectively. These laws criminalize homelessness by punishing and incarcerating vulnerable people and diverting local resources away from proven solutions that could address the root causes of homelessness.

  • In Kansas, Governor Kelly allowed HB 2101 to become law without her signature. This bill makes Kansas the fifth state overall to prohibit municipalities from adopting and implementing a guaranteed income program.

Elections

  • Seven bills undermining fair, transparent, and secure local elections became law, including those that:

    • Complicate the voter registration process (Indiana SB 10, Idaho H 339), 

    • Prohibit local governments from accepting private funds for election-related purposes (Kansas SB 5 — Governor Kelly’s veto was overridden by the state legislature), 

    • Limit amendments to a city charter (Tennessee SB 525),

    • Make early voting more difficult (Kansas SB 4 — Governor Kelly’s veto was overridden by the state legislature), and

    • Prohibit the use of ranked choice voting (Kansas SB 6).

Prosecutorial Discretion

  • As local communities have called on prosecutors to use their discretion to embrace reform and a less carceral approach to criminal justice, states have intervened in an attempt to force prosecutors to continue tough-on-crime policies.

  • In Missouri, Governor Kehoe signed HB 495 into law. The bill transfers control of St. Louis’ police force from the city to a state board of political appointees designated by the Governor. The measure makes Kansas City one of the only major cities in the nation to have state control of its municipal police.

  • In Indiana, Governor Braun signed HB 1006 into law, creating a Prosecutorial Review Board to increase oversight of local prosecutors.

  • In Iowa, Governor Reynolds signed SF 311 into law, banning citizen review boards of police.

Adam Polaski