Sponsors (3)
Bars state and local agencies from enforcing or assisting ICC arrest/detention requests unless Congress or the President expressly authorizes the specific cooperation.
The bill centralizes control over U.S. interactions with the ICC—protecting federal authority and local resources—but that centralization risks delaying or preventing local cooperation with international criminal investigations, straining diplomacy, and limiting local policy choices.
State and local law enforcement will be barred from acting on International Criminal Court (ICC) requests without federal authorization, creating a single national policy and reducing conflicting municipal actions that could complicate U.S. diplomacy.
State and local officers will not be required to arrest or detain foreign nationals solely based on ICC process, and public funds/facilities/personnel cannot be used for ICC arrests absent explicit authorization, protecting local resources and reducing conflicting legal obligations for officers and jurisdictions.
Congress and the President retain oversight: exceptions to the prohibition are only allowed via explicit congressional legislation or a presidential national-security certification, preserving federal control over foreign-relations decisions.
State and local governments, immigrants, and victims may be prevented from cooperating with international criminal investigations when federal authorization is slow or withheld, impeding accountability for serious crimes and potentially leaving suspects at large.
Local law enforcement's ability to assist victims or foreign jurisdictions promptly could be limited, delaying investigations or extradition processes that protect public safety.
Restricting cooperation with the ICC and asserting that the U.S. is not party to the Rome Statute may strain diplomatic relations with allied governments and reduce U.S. participation in international accountability, with potential national-security and economic consequences.
Based on analysis of 5 sections of legislative text.
Official title: To prohibit State and local law enforcement from arresting foreign nationals within the United States solely on the basis of an indictment, warrant, or request issued by the International Criminal Court, and for other purposes.
Introduced September 16, 2025 by Elise M. Stefanik · Last progress September 16, 2025
Prohibits state, territorial, D.C., and local officers and agencies from arresting, detaining, or otherwise depriving the liberty of a foreign national based solely on process issued by the International Criminal Court (ICC), and bars use of public resources to assist the ICC. Cooperation with ICC arrest or detention requests is allowed only if Congress passes a law authorizing the specific cooperation or the President certifies it as essential to a declared national security interest and issues written authorization. The Act makes federal law controlling where state or local rules conflict and preserves the rest of the law if any part is found unconstitutional.