Sponsors
The bill increases federal‑local coordination and legal clarity for immigration enforcement—speeding transfers and reducing local liability—while expanding local involvement in immigration enforcement in ways that raise civil‑liberties risks, increase wrongful‑detention potential, and erode trust between immigrant communities and police.
State and local law enforcement and federal immigration agencies: faster, more coordinated enforcement and transfer of custody for individuals suspected of being removable (e.g., DHS may assume custody within 48–96 hours), reducing time suspects remain in local custody.
State and federal actors: clearer federal preemption of conflicting 'sanctuary' policies combined with clarified evidentiary bases for detainers (biometric/database matches, prior removal orders, proceedings, voluntary statements) reduces legal uncertainty and standardizes when and how immigration detainers are issued.
State and local officers and contracted detention providers: shielded from monetary liability when they comply with DHS detainers, lowering legal risk and potential local financial exposure from lawsuits.
Immigrants (including noncitizens and mixed‑status families): increased questioning, higher likelihood of referral to federal immigration enforcement, and greater risk of longer or repeated detention while awaiting DHS pickup.
U.S. citizens and lawful residents: risk of wrongful detainers and improper detention because the bill defines probable cause broadly (e.g., database matches and voluntary statements).
Local communities and public safety: erosion of trust in police among immigrant communities, reducing cooperation with investigations and willingness of victims/witnesses to report crimes.
Based on analysis of 3 sections of legislative text.
Stops States from blocking cooperation with federal immigration enforcement, clarifies DHS detainer authority and timing, and grants immunity/indemnity to entities that comply.
Introduced January 31, 2025 by Kevin Kiley · Last progress January 31, 2025
Prohibits States from passing laws or policies that block or limit government entities, officials, or personnel from cooperating with federal immigration enforcement. It expands what state and local law enforcement may do — including asking about immigration status, notifying the federal government about encountered individuals, and responding to federal information requests — and clarifies that reporting or arrest of victims or witnesses is not required. Clarifies federal detainer authority: DHS may issue detainers when it has probable cause based on biometric matches, removal proceedings, prior final removal orders, reliable evidence, or other reasonable grounds. It sets a timeline for custody transfer (as soon as 48 hours, max 96 hours after release), and grants federal immunity and indemnity protections to States, localities, officials, and contracted detention providers that comply with detainers, while excluding protection for bad‑faith mistreatment.