Bill Summary
The "Restoring Community Trust Act of 2026" is a bill aimed at repealing Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This section currently mandates that state and local governments share information with federal immigration authorities, which proponents argue undermines local autonomy and community trust. The bill asserts that it is essential for state and local governments to maintain control over their internal operations without federal compulsion, especially in contexts unrelated to immigration enforcement.
Key findings of the bill highlight the importance of fostering trust between communities and local institutions, such as law enforcement, to enhance public safety and engagement. By repealing this section, the bill seeks to clarify constitutional boundaries, reduce legal uncertainties, and affirm the federal government's exclusive authority over immigration enforcement, while still allowing local governments the discretion to collaborate with federal authorities if they choose.
Possible Impacts
Here are three examples of how the "Restoring Community Trust Act of 2026," which repeals section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, could affect people:
1. **Enhanced Trust in Local Law Enforcement**: By repealing the requirement for state and local governments to share information with federal immigration authorities, immigrant communities may feel more comfortable interacting with local law enforcement and public services. This could lead to increased reporting of crimes, greater cooperation with police investigations, and improved community safety as residents are less fearful of being reported for their immigration status.
2. **Local Policy Autonomy**: Local governments would gain more authority to establish their own policies regarding the handling of information and privacy. This could empower cities and states to create more inclusive and protective measures for residents, thereby allowing them to tailor their approaches to immigration enforcement based on the specific needs and values of their communities. For example, a city might choose not to cooperate with federal immigration enforcement in non-criminal matters, fostering a more welcoming environment for immigrants.
3. **Reduction in Legal Uncertainty**: The repeal of section 642 could decrease the legal challenges and administrative burdens faced by state and local governments regarding compliance with federal immigration laws. By clarifying the roles and responsibilities of federal and state authorities, local governments may allocate resources more efficiently, ensuring that public services can operate without the fear of legal repercussions associated with information sharing. This could lead to better governance and improved public services for all residents.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7252 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7252
To repeal section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2026
Ms. Garcia of Texas (for herself, Mr. Espaillat, Ms. Clarke of New
York, Mr. Jackson of Illinois, Ms. Wilson of Florida, Ms. Titus, Mr.
Carter of Louisiana, Ms. Salinas, Mr. Garcia of Illinois, and Ms.
Pingree) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To repeal section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
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 ``Restoring Community Trust Act of
2026''.
SEC. REPEAL OF COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE
IMMIGRATION AND NATURALIZATION SERVICE.
(a) Findings.--Congress finds the following:
(1) The Constitution clearly establishes a system of dual
sovereignty in which the Federal Government and the States
retain distinct and independent spheres of authority, including
primary responsibility for the organization, administration,
and supervision of State and local government employees.
(2) Under Supreme Court precedent, including New York v.
United States (1992), Printz v. United States (1997), and
Murphy v. NCAA (2018), the Federal Government may not compel
States or political subdivisions to administer or enforce
Federal regulatory programs. It also may not prohibit States
from controlling their internal governmental operations.
(3) Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) threatens
the ability of State and local governments to establish
policies governing the receipt, use, and disclosure of
information by their own public institutions, intruding into
areas of traditional State and local authority.
(4) State and local governments have a substantial interest
in fostering trust between residents and public institutions,
including law enforcement, to promote public safety, emergency
response, and community engagement.
(5) Many interactions between individuals and State or
local agencies occur for purposes completely unrelated to
Federal immigration enforcement, and information sharing in
such contexts may undermine the effectiveness of those
governmental functions.
(6) The Federal Government retains exclusive authority over
civil immigration enforcement and possesses independent tools
and resources to enforce Federal immigration law without trying
to regulate State or local governments.
(7) A repeal of section 642 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373)
would not limit the Federal Government's authority to enforce
Federal immigration law or to obtain information through means
otherwise authorized by law.
(8) Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) has
generated legal uncertainty and litigation concerning its
constitutionality and its interaction with Federal grant
programs, imposing administrative and financial burdens on
State and local governments.
(9) Effective governance is best achieved when
responsibility for Federal law enforcement remains with Federal
authorities and responsibility for State and local government
remains with State and local officials accountable to their
residents.
(10) The purpose of repealing section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1373) is to restore constitutional balance, reduce legal
ambiguity, and respect State and local control over internal
governmental operations.
(11) That nothing in this Act shall be construed to
prohibit or restrict any State or unit of local government from
communicating, cooperating, or sharing information with a
Federal immigration authority, consistent with applicable State
or local law or otherwise limit the authority of the Federal
Government to enforce the immigration laws (as such term is
defined under section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101)).
(b) Repeal.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.
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