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Replaces subsection (d) of 8 U.S.C. 1357 (section 287(d) of the Immigration and Nationality Act) with new, detailed provisions clarifying DHS authority to issue detainers, standards for probable cause, transfer-of-custody time limits, removal of related suits to federal court, immunity and substitution of the United States as defendant, a mistreatment exception, supersession of contrary state/local laws, and a private right of action for certain victims.
Amends 8 U.S.C. 1373 (section 642 of IIRIRA) to replace existing text with broader language protecting the right of Federal, State, and local entities to comply with and assist in enforcement of immigration laws, expands specified law enforcement activities (inquiries, maintaining information, notifying Federal authorities, complying with requests), substitutes references from the Immigration and Naturalization Service to the Department of Homeland Security, adds a supersession clause preempting contrary State/local laws, adds removal/venue, immunity and substitution of the United States as defendant, a mistreatment exception, federal funding ineligibility for noncompliant jurisdictions, DHS custody-transfer discretion and prohibitions, annual determinations, reporting requirements, and reallocation of withheld funds.
Strengthens federal authority to compel and incentivize state and local cooperation with immigration enforcement by clarifying that all government entities may collect, share, and inquire about immigration or citizenship status and by expanding federal detainer rules. It authorizes the Department of Homeland Security to deny, withhold, or reallocate certain federal law-enforcement grants and custody transfers for jurisdictions that do not cooperate, creates new procedural rules and a duty for DHS to issue detainers when there is probable cause a person is removable, and substitutes the United States as the defendant for some local actors who comply with detainers while allowing a narrow private right of action for victims when detainers are declined. The bill preempts conflicting local laws, shields cooperating state and local actors from most liability, sets timing limits and definitions for detainer procedures, and includes a severability provision so other parts remain effective if courts strike specific provisions. These changes affect immigrants in custody, local and state governments, law enforcement agencies and contractors, and communities with high immigrant populations; they also create legal and fiscal incentives for jurisdictions to align with federal immigration enforcement policies.
The bill strengthens federal immigration enforcement by incentivizing and protecting cooperating jurisdictions, improving identification and transfer of noncitizens, and offering victims new remedies — but at the cost of reduced local control, higher detention and civil‑liberty risks for immigrants,
State and local governments, law enforcement, and detention contractors that cooperate with federal immigration authorities will receive financial incentives, legal protections (including immunity from many monetary-damage suits), and clearer federal backing—enabling faster identification, detention, and transfer of noncitizens suspected of removability.
Members of the public may see improved national security outcomes because more noncitizens suspected of removable offenses can be identified, detained, and transferred under expanded detainer authority and cooperation rules.
Victims of specified violent crimes (murder, rape, felony, aggravated-felony) gain a private legal remedy to sue jurisdictions that released convicted aliens who were subject to detainers, and prevailing plaintiffs can recover reasonable attorney and expert fees, lowering financial barriers to suit.
The law includes a severability rule so most people and entities keep benefits and obligations even if one provision is struck down, which reduces sudden legal gaps and provides predictability for individuals and businesses facing court challenges.
Immigrant communities (including lawful residents who fear misidentification) are likely to avoid reporting crimes or cooperating with police because of immigration status inquiries and increased detentions, undermining community trust and overall public safety.
Noncooperative jurisdictions risk losing critical federal public-safety grants (Byrne JAG, COPS, DOJ/DHS funds) or having funds reallocated to cooperating jurisdictions, reducing local policing and crime-prevention resources and shifting taxpayer-funded resources away from vulnerable communities.
State and local governments lose policy control because federal law and DHS authority supersede local limits on honoring detainers and other cooperation restrictions, constraining local priorities for policing, prosecution, and jail management.
People (including lawful permanent residents) may face increased detention risk based on database matches, past orders, or enhanced detainer authority—raising the chance of erroneous detention and civil‑liberty infringements.
Establishes the official short title of the Act as the "Shut Down Sanctuary Policies Act of 2026."
Amends section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) by revising the header and updating subsections (a) and (b).
Requires that no Federal, State, or local government entity, official, or personnel be prohibited or restricted from complying with or enforcing federal immigration laws or from assisting/cooperating with federal immigration or law enforcement personnel.
Requires that no Federal, State, or local government entity, official, or personnel be prohibited or restricted from undertaking law enforcement activities related to an individual’s citizenship, immigration, admissibility, deportability, or custody status, including collecting, maintaining, and sharing personally identifying information.
Defines the law-enforcement activities covered to include: (A) making inquiries of individuals about immigration/citizenship status; (B) maintaining such information; and (C) notifying the Federal Government about encountered individuals and complying with federal requests for that information.
Primary affected groups and impacts:
Immigrants: Face expanded risk of immigration inquiries, detainers, prolonged custody, transfer to federal immigration detention, and removal proceedings due to lower thresholds and clearer federal authority to issue detainers. Communities with high immigrant populations may experience greater disruptions and fear of contact with public institutions.
Local and State Governments: Lose some autonomy over local policies that limit cooperation with federal immigration authorities because federal law is clarified to preempt conflicting local rules. Jurisdictions risk losing or having withheld federal law-enforcement grants and custody transfers if deemed noncooperative, and may see reallocated funds flow to compliant jurisdictions.
Law Enforcement Agencies and Officers: Must adjust procedures to permit status inquiries, comply with DHS detainers and transfer timing, and navigate changed liability rules; agencies may face administrative burdens and potential costs of complying with transfer and detention obligations.
Detention Contractors and Federal Custody System: May see increased transfers and demand for detention space if detainers are issued and localities cooperate, affecting capacity and contracting needs.
Victims of Serious Crimes: Gain a limited private right to sue if an immigration detainer was declined and that decline is causally connected to the commission of a qualifying offense, potentially creating accountability in narrow circumstances.
Civil Rights and Community Services: Nonprofits, schools, health providers, and other local institutions could see chilling effects as community members avoid contact with public services due to increased status inquiries and sharing of information.
Legal, fiscal, and administrative impacts:
Legal: Likely surge in litigation over constitutional limits, preemption, detainer due process standards, and the substitution-of-defendant liability rule. Courts will be asked to interpret probable cause definitions and limits on federal authority.
Fiscal: Potential loss of federal grant funds for noncooperative jurisdictions, costs associated with complying with transfer and detention requirements, and possible reshuffling of grant distributions to compliant jurisdictions.
Administrative: DHS will need procedures for annual compliance determinations, detainer issuance, and fund reallocation; state and local agencies will need policy updates, training, and record-sharing mechanisms.
Broader community effects:
Public-safety trade-offs: Local officials may face tensions between local policing and community trust versus compliance to avoid fiscal penalties; community cooperation with law enforcement could decrease in places where immigrant populations fear status inquiries.
Enforcement shifts: The measure centralizes and strengthens federal enforcement tools, likely increasing removals where probable cause for removability is established and acted upon.
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Referred to the House Committee on the Judiciary.
Introduced February 23, 2026 by Tom McClintock · Last progress February 23, 2026
Placed on the Union Calendar, Calendar No. 465.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-541.
Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 11.
Committee Consideration and Mark-up Session Held