The bill centralizes control over cooperation with the ICC and prevents local authorities from being used for ICC arrests—providing legal clarity and protecting local resources—but at the cost of potential diplomatic friction, reduced accountability for alleged international crimes, delays and federal burdens, and diminished state and local autonomy.
State and local law enforcement officers will be protected from being compelled to carry out ICC arrest requests absent federal authorization, preserving clear legal duties for local officers and avoiding conflicting international obligations.
The federal government (Congress or the President) retains centralized control over whether to cooperate with ICC arrest requests, creating a single political decision point for foreign-relations and arrest actions on U.S. soil.
State and local funds, facilities, personnel, and equipment cannot be used for ICC arrests without specific federal authorization, protecting local budgets and preventing unplanned local costs.
U.S. ability to comply with international obligations could be hindered and diplomacy strained if cooperation with the ICC is blocked or delayed by the requirement for case-by-case federal authorization.
Foreign nationals in the U.S. may be shielded from ICC arrest requests, potentially limiting accountability for alleged international crimes and complicating global justice cooperation.
Requiring congressional or presidential authorization for each ICC-related arrest could delay urgent investigations and operations, increasing federal response burdens and slowing law-enforcement actions.
Based on analysis of 5 sections of legislative text.
Prohibits state and local officers from arresting or assisting in arrests of foreign nationals based solely on ICC process unless Congress or the President expressly authorizes cooperation.
Introduced September 29, 2025 by Richard Lynn Scott · Last progress September 29, 2025
Prohibits state, territorial, District of Columbia, and local officers and employees from arresting, detaining, or otherwise depriving a foreign national of liberty solely on process issued by the International Criminal Court (ICC), and bars use of public funds, facilities, personnel, or equipment to carry out ICC arrests or detentions. Cooperation with ICC arrest or detention requests is allowed only if Congress passes a law authorizing the specific cooperation, or the President certifies to Congress that cooperation is essential to a declared national security interest and provides a specific written authorization. Also preempts any state or local law that would permit or require actions inconsistent with this federal prohibition and includes a severability clause to preserve the remainder of the law if part is found unconstitutional. The legislation contains no new funding authorizations or penalties beyond the prohibitions themselves.