Sponsors (3)
The bill increases state-level criminal accountability and avenues for victims when federal immigration enforcement causes severe harm, potentially reducing abuse and improving justice for victims, but it also risks federal–state conflict, uneven application across states, and reduced enforcement cooperation.
Immigrants and their families get a clearer route to criminal redress because state prosecutors can charge federal immigration officers who cause death or serious injury, increasing local accountability.
Immigrants and communities may face fewer instances of unlawful or excessive force by federal immigration officers because the prospect of state criminal charges can deter harmful behavior, potentially reducing severe injuries and deaths.
Could create conflicts between federal and state authorities, complicating coordination on immigration enforcement and prosecutions and producing administrative friction.
May deter federal officers from performing immigration-enforcement duties in jurisdictions that pursue state prosecutions, possibly reducing enforcement activity or cooperation.
Could produce uneven outcomes across states for similar incidents—some jurisdictions may prosecute while others do not—creating legal uncertainty for officers and affected communities.
Based on analysis of 2 sections of legislative text.
Affirms that persons performing immigration-enforcement duties who cause death or serious bodily injury are not immune from State criminal prosecution.
Official title: To amend title 18, United States Code, to waive immunity for certain acts committed by Federal law enforcement officers.
Introduced May 15, 2026 by Mary Gay Scanlon · Last progress May 15, 2026
Makes people carrying out immigration-enforcement duties subject to State criminal prosecution if they commit acts that cause death or serious bodily injury, by removing any claim to federal immunity for that conduct. The law adds a new criminal-procedure provision in title 18 clarifying that such persons "are not immune" from State law for covered acts. Applies to any person acting in duties related to enforcement of the immigration laws as defined in federal immigration statute; it does not create new crimes or provide funding or implementation rules for states or federal agencies.