Freedom to Cooperate Act

This proposal would make it easier for local police to work with federal immigration officers. It says states cannot stop their agencies from asking about someone’s immigration status, sharing that information, or responding to federal requests. It also makes clear that officers are not required to report or arrest crime victims or witnesses.

It also explains how immigration “detainers” work. The Department of Homeland Security could ask local jails to hold someone arrested for any crime or motor vehicle offense if there is probable cause the person is inadmissible or deportable. Probable cause can be based on things like a biometric match, ongoing removal proceedings, a past final removal order, or reliable statements. If a jail honors the detainer, DHS may take custody within 48 hours (not counting weekends and holidays), and no later than 96 hours. The bill gives legal protection to local agencies that follow these detainers, with an exception for bad faith or mistreatment.

• Who is affected: State and local police, jails, and people arrested for crimes or traffic offenses; crime victims and witnesses are protected from mandatory reporting.
• What changes: States could not block cooperation with federal immigration enforcement; clearer rules for when and how detainers can be used; legal immunity for agencies that comply.
• When: The text does not state a specific start date.