Sponsors (3)
The bill increases federal ability to take custody of certain criminal noncitizens and penalizes obstruction to that process to improve public safety, but it imposes severe criminal liability on local officials, risks chilling local policymaking and policing priorities, and raises due-process and federal–state conflict concerns.
State and local officials must give DHS at least 48 hours' notice before releasing certain criminal noncitizens, enabling DHS to assume custody of high-risk individuals and potentially prevent crimes in communities.
Officials who knowingly block the required notification face criminal penalties, which could deter obstruction and strengthen enforcement of federal immigration laws.
State and local senior officials face new felony liability (up to 25 years) for decisions about detainee releases, which could chill local policymaking and cooperation with federal partners.
Immigrants subject to detention could be transferred more quickly into federal custody and removal processes with less local oversight, raising due-process concerns and undermining community trust in policing.
Local law enforcement may shift resources toward immigration compliance to avoid criminal exposure, reducing capacity for community policing and other local public-safety priorities.
Based on analysis of 2 sections of legislative text.
Makes it a federal crime for state/local officials to block DHS requests for at least 48 hours' advance notice before releasing certain noncitizens, with prison terms and fines.
Introduced February 20, 2026 by Lance Gooden · Last progress February 20, 2026
Creates a new federal crime for state or local executive officials who knowingly prohibit or limit compliance with Department of Homeland Security (DHS) requests for "reasonable advance notice" about the scheduled release of certain noncitizens charged with or convicted of crimes. "Reasonable advance notice" is defined as notice provided as soon as practicable and, unless impossible, at least 48 hours before release. Penalties range from 30 days–6 months (plus fines) up to 10–25 years (plus fines) depending on whether the release leads to other crimes such as serious violent felonies, murder, rape, or sex offenses against minors. Also includes a severability clause and a technical amendment adding the new offense to federal criminal statutes; no funding or implementation support is provided in the text.