119-hr864

[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.''.
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