Freedom to Cooperate Act
This bill addresses issues related to state and local government cooperation with federal immigration enforcement efforts.
A state may not prohibit its personnel or another government entity from cooperating with federal immigration enforcement efforts or making inquiries about an individual's immigration status. Currently, a government entity is only barred from prohibiting the sharing of immigration-related information with the Department of Homeland Security (DHS).
DHS may issue a detainer if there is probable cause to believe that an individual arrested for any criminal or motor vehicle offense is inadmissible or deportable.
Furthermore, the bill provides legal immunity for a state or local government entity or official temporarily detaining a non-U.S. national under federal authority.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 864 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 864
To clarify the Federal Government's jurisdiction over immigration law
and policy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2025
Mr. Kiley of California introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To clarify the Federal Government's jurisdiction over immigration law
and policy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Cooperate Act''.
SEC. 2. NULLIFYING CONTRADICTORY STATE LAWS ON IMMIGRATION AND
SANCTUARY POLICIES THAT LACK STANDING.
(a) Congressional Intent.--In as much as Federal law takes
precedence over State laws in the enactment, implementation, and
administration of immigration policy, it is the intent of Congress that
State laws, regulations, or executive directives regarding sanctuary
policies should not hinder the ability of local law enforcement to
comply with Federal immigration enforcement provisions, including full
cooperation with Federal agencies.
(b) In General.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding any other provision of Federal,
State, or local law, no State may prohibit, or in any way restrict, a
Federal, State, or local government entity, official, or other
personnel from complying with the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), or from assisting or cooperating with Federal law
enforcement entities, officials, or other personnel regarding the
enforcement of the immigration laws.'';
(2) by striking subsection (b) and inserting the following:
``(b) Law Enforcement Activities.--Notwithstanding any other
provision of Federal, State, or local law, no State may prohibit, or in
any way restrict, a Federal, State, or local government entity,
official, or other personnel from undertaking any of the following law
enforcement activities as they relate to information regarding the
immigration status, lawful or unlawful, the inadmissibility or
deportability, or the custody status, of any individual:
``(1) Making inquiries to any individual in order to obtain
such information regarding such individual or any other
individual.
``(2) Notifying the Federal Government regarding the
presence of individuals who are encountered by law enforcement
officials or other personnel of a State or local government.
``(3) Complying with requests for such information from
Federal law enforcement entities, officials, or other
personnel.'';
(3) in subsection (c), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of Homeland
Security''; and
(4) by adding at the end the following:
``(d) Construction.--Nothing in this section shall require law
enforcement officials from States to report or arrest victims or
witnesses of a criminal offense.''.
SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
Section 287(d) of the Immigration and Nationality Act (8 U.S.C.
1357(d)) is amended to read as follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--In the case of an individual who is
arrested by any Federal, State, or local law enforcement
official or other personnel for the alleged violation of any
criminal or motor vehicle law, the Secretary may issue a
detainer regarding the individual to any Federal, State, or
local law enforcement entity, official, or other personnel if
the Secretary of Homeland Security has probable cause to
believe that the individual is an inadmissible or deportable
alien.
``(2) Probable cause.--Probable cause is deemed to be
established if--
``(A) the individual who is the subject of the
detainer--
``(i) matches, pursuant to biometric
confirmation or other Federal database records,
the identity of an alien who the Secretary of
Homeland Security has reasonable grounds to
believe to be inadmissible or deportable;
``(ii) is the subject of ongoing removal
proceedings, including matters where a charging
document has already been served;
``(iii) has previously been ordered removed
from the United States and such an order is
administratively final; or
``(iv) has made voluntary statements or
provided reliable evidence that indicate that
the alien is an inadmissible or deportable
alien; or
``(B) the Secretary of Homeland Security otherwise
has reasonable grounds to believe that the individual
who is the subject of the detainer is an inadmissible
or deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, or other personnel to whom a
detainer is issued complies with the detainer and detains for
purposes of transfer of custody to the Department of Homeland
Security the individual who is the subject of the detainer, the
Department may take custody of the individual within 48 hours
(excluding weekends and holidays), but in no instance more than
96 hours, following the date that the individual is otherwise
to be released from the custody of the relevant Federal, State,
or local law enforcement entity.
``(4) Immunity.--
``(A) In general.--A State or a political
subdivision of a State (and the officials and personnel
of the State or subdivision acting in their official
capacities), and a nongovernmental entity (and its
personnel) contracted by the State or political
subdivision for the purpose of providing detention,
acting in compliance with a Department of Homeland
Security detainer issued pursuant to this section who
temporarily holds an alien in its custody pursuant to
the terms of a detainer so that the alien may be taken
into the custody of the Department of Homeland
Security, shall be considered to be acting under color
of Federal authority for purposes of determining their
liability and shall be held harmless for their
compliance with the detainer in any suit seeking any
punitive, compensatory, or other monetary damages.
``(B) Federal government as defendant.--In any
civil action arising out of the compliance with a
Department of Homeland Security detainer by a State or
a political subdivision of a State (and the officials
and personnel of the State or subdivision acting in
their official capacities), or a nongovernmental entity
(and its personnel) contracted by the State or
political subdivision for the purpose of providing
detention, the United States Government shall be the
proper party named as the defendant in the suit in
regard to the detention resulting from compliance with
the detainer.
``(C) Bad faith exception.--Subparagraphs (A) and
(B) shall not apply to any mistreatment of an
individual by a State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted
by the State or political subdivision for the purpose
of providing detention.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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