UPLIFT Act

This bill targets “sanctuary” policies and expands cooperation between local, state, and federal authorities on immigration enforcement. It says governments cannot block their officials from sharing information or working with federal agencies about a person’s citizenship, immigration status, or custody status, including asking questions, notifying the federal government about people reasonably suspected of crimes, and responding to federal requests for information. It also bars states or cities from restricting deals with private companies to run immigration detention facilities, including selling property, funding, or receiving payments related to those facilities. The bill notes that nothing requires police to report or arrest victims or witnesses of crimes. The stated purpose is to make sanctuary jurisdictions fully cooperate with federal agencies to help protect communities and reduce the flow of fentanyl and other drugs linked to transnational gangs.

The bill also clarifies when the Department of Homeland Security (DHS) can issue immigration detainers. DHS may issue a detainer for someone arrested on a criminal or motor vehicle charge if there is probable cause the person is inadmissible or deportable, based on things like biometric/database matches, ongoing removal proceedings, a prior final removal order, or the person’s own statements or other reliable evidence. If a jail honors a detainer, DHS may take custody within 48 hours (not counting weekends and holidays), and no later than 96 hours after the person would otherwise be released. Governments and contracted detention providers that comply with detainers are treated as acting under federal authority and are shielded from money-damage lawsuits for that compliance, with a “bad faith” exception for mistreatment; in such suits, the United States is the proper defendant. The bill also lets certain crime victims (or family) sue a state or locality that released an individual after declining a detainer if that person is later convicted of serious crimes, with a 10-year time limit and attorney’s fees for winning plaintiffs. DHS must publish each year which states or localities are not in compliance and report to Congress by March 1; local governments may sue their state to stop violations and can show harm with as little as $100 in financial loss.

• Who is affected: State and local governments, law enforcement, DHS, private detention operators, people arrested who may be subject to detainers, and crime victims/families .
• What changes: Broader information-sharing with federal authorities; bans on “sanctuary” limits; no restrictions on using private immigration detention; clear rules and timing for detainers; legal immunity for honoring detainers; new right for some victims to sue; yearly DHS compliance list; localities can sue their state to enforce the rules; victims/witnesses are not required to be reported or arrested .
• When: Annual compliance reports are due to Congress by March 1 each year; other effective dates are not specified in the provided text.