Sponsor
Kevin Kiley
Representative · I-CA
Representative · I-CA
The bill makes it easier and safer for federal immigration authorities to use state and local resources—speeding identification and transfer of noncitizens—while reducing local discretion and accountability and increasing risks to immigrants' civil liberties, community trust, and local government costs.
State and local law enforcement (and DHS) can share information and transfer custody of noncitizens more readily, enabling faster identification and earlier initiation of federal removal processes.
State and local officials have clearer guidance that the Department of Homeland Security (DHS) is the federal point of contact for immigration matters, reducing confusion about which federal office to coordinate with.
State and local agencies and contracted detention providers receive legal indemnity for complying with DHS detainers, lowering their civil-liability risk when transferring custody to federal authorities.
Immigrants (including noncitizens not charged with crimes) face increased questioning, data sharing, referrals to federal authorities, expanded detainer authority based on database matches or 'other reasonable grounds,' and greater risk of wrongful or prolonged detention and deportation.
State and local governments could lose the authority to adopt or maintain sanctuary policies, reducing local control over policing priorities and public-safety decisionmaking.
Mandatory cooperation and increased immigration enforcement activity by local police is likely to undermine trust between immigrant communities and law enforcement, reducing crime reporting and harming community policing effectiveness.
Based on analysis of 3 sections of legislative text.
Prevents states from limiting cooperation with federal immigration enforcement, authorizes DHS detainers with defined probable‑cause rules and short custody windows, and grants liability protection for compliant entities.
Creates a federal rule that bars states from restricting cooperation with federal immigration enforcement, expands what state or local activities count as cooperation, and lets the Department of Homeland Security issue detainers to hold or transfer people who federal authorities believe are removable. It also sets rules for when probable cause for a detainer is considered met, limits how long a detaining entity may keep someone for transfer (48–96 hours with some exclusions), and shields state and local entities from most civil liability when they honor DHS detainers while preserving a narrow exception for bad-faith mistreatment. The bill adds a narrow protection saying nothing in the law requires reporting or arresting crime victims or witnesses.
Introduced January 31, 2025 by Kevin Kiley · Last progress January 31, 2025