Sponsors (4)
The bill increases federal-local information‑sharing and tools to ensure DHS takes custody of criminal noncitizens (boosting enforcement and local safety) but does so by imposing criminal liability, compliance costs, and legal risks on state and local officials that could chill legitimate policy choices and strain intergovernmental relations.
State and local law enforcement and executives who comply will share more information with DHS so federal authorities can take custody of criminal noncitizens before or shortly after local release, improving federal enforcement of immigration-related criminal custody.
Local communities and officials may see fewer undocumented criminal defendants released without DHS awareness, which could lower the local risk of reoffense by high‑risk individuals and improve public safety.
Prosecutors gain a criminal enforcement tool to pursue officials who knowingly block or ignore DHS notification requirements, potentially deterring policies or practices that impede immigration enforcement.
State and local executives, including elected officials and jail administrators, could face felony criminal exposure (risk of years in prison) for policy decisions or mistakes about notifications, imposing severe personal legal risk on officials.
Officials may be prosecuted for discretionary compliance choices made under complex circumstances (conflicting privacy, public-safety, or resource constraints), chilling legitimate local policymaking and reducing lawful use of discretion.
Smaller jurisdictions and counties could face new administrative burdens and costs to track and provide 48‑hour advance notice to DHS and to defend against investigations or prosecutions, diverting limited local resources and increasing taxpayer costs.
Based on analysis of 2 sections of legislative text.
Makes it a federal crime for state/local executive officials to knowingly block DHS requests for at least 48-hour advance notice before releasing a "criminal alien," with prison terms tied to the released person's offense.
Official title: End Sanctuary Cities Act of 2026
Introduced February 9, 2026 by Lindsey O. Graham · Last progress February 9, 2026
Creates a new federal crime for state or local executive officials who knowingly prohibit or limit cooperation with Department of Homeland Security requests for "reasonable advance notice" (generally at least 48 hours) before the scheduled release of a person described as a "criminal alien." Convictions carry prison terms tied to the seriousness of the released person's offense, ranging from 30 days–6 months for most offenses up to 10–25 years for very serious sex or homicide offenses. Defines key terms by cross-reference to existing immigration and criminal statutes, adds graded criminal penalties, a severability clause, and updates Title 18 to list the new offense. The bill is short and focused on federal enforcement against officials who interfere with DHS notification requests regarding detained noncitizens charged with or convicted of crimes.