[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7640 Reported in House (RH)]
<DOC>
Union Calendar No. 465
119th CONGRESS
2d Session
H. R. 7640
[Report No. 119-541]
To amend the Immigration and Nationality Act to improve public safety
through the enforcement of Federal immigration law in the interior of
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 2026
Mr. McClintock introduced the following bill; which was referred to the
Committee on the Judiciary
March 12, 2026
Additional sponsors: Mr. Cline, Mr. Nehls, Ms. Hageman, Mr. Fry, and
Mr. Tiffany
March 12, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 23, 2026]
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to improve public safety
through the enforcement of Federal immigration law in the interior of
the United States, and for other purposes.
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 ``Shut Down Sanctuary Policies Act of
2026''.
SEC. 2. STATE AND LOCAL COOPERATION WITH ENFORCEMENT OF IMMIGRATION
LAW.
(a) In General.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) in the header by striking ``communication between
government agencies and the immigration and naturalization
service'' and inserting ``state and local government
cooperation with immigration enforcement'' (and by conforming
the item in table of contents accordingly);
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The right of any Federal, State, or local
government entity, official, or other personnel to comply with or
enforce the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or to assist
or cooperate with Federal law enforcement entities, Federal law
enforcement officials, immigration officials, or other personnel
regarding the enforcement of such laws, shall not be prohibited or in
any way restricted.'';
(3) by striking subsection (b) and inserting the following:
``(b) Law Enforcement Activities.--
``(1) In general.--The right of any Federal, State, or
local government entity, official, or other personnel to
undertake law enforcement activities described under paragraph
(2) as they relate to information regarding the citizenship or
immigration status, lawful or unlawful, the inadmissibility or
deportability, or the custody status of any individual
(including any information that could reasonably be used to
determine such status, including personal identifying
information) shall not be prohibited or in any way restricted.
``(2) Law enforcement activities described.--The law
enforcement activities described in this paragraph are the
following:
``(A) Making inquiries to any individual to obtain
the information described under paragraph (1) regarding
such individual or any other individuals.
``(B) Maintaining the information described under
paragraph (1).
``(C) Actions taken by a State, or local government
entity, official, or other personnel to--
``(i) notify the Federal Government
regarding the presence of individuals who are
encountered by law enforcement officials or
other personnel of a State or local government;
and
``(ii) comply with requests for such
information from Federal law enforcement
entities, officials, or other personnel.'';
(4) in subsection (c), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of Homeland
Security''; and
(5) by adding at the end the following:
``(d) Contrary Laws Superseded.--The provisions under subsections
(a) and (b) shall supersede any and all State and local laws,
ordinances, regulations, and policies that directly or indirectly
prohibit or restrict, in whole or in part, the activities described in
such subsections.
``(e) Removal.--A civil action or criminal prosecution that is
commenced in a State court and that is against or directed to a State
or local government entity (and an official or other personnel of the
State or local government entity acting in their official capacities)
based on their compliance with subsection (a) or (b) may be removed by
them to the district court of the United States for the district and
division embracing the place wherein it is pending or to the district
court of the United States for the district and division in which the
defendant was served with process.
``(f) Immunity.--A State or local government entity (and an
official or other personnel of the State or local government entity
acting in their official capacities) acting in compliance with
subsection (a) or (b) 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 in any suit seeking any punitive,
compensatory, or other monetary damages.
``(g) Federal Government as Defendant.--Following removal of any
civil action arising out of compliance with subsection (a) or (b) the
United States Government shall be substituted as the party defendant in
the suit.
``(h) Mistreatment Exception.--Subsections (f) and (g) shall not
apply for claims the district court determines arose from any
mistreatment of an individual by a State or local government entity (or
an official or other personnel of the State or local government entity
acting in their official capacities) exercising the rights described
under subsection (a) or (b).
``(i) Federal Funding.--
``(1) Eligibility for certain grant programs.--A State or
local government that is determined, pursuant to paragraph (4),
to restrict the rights described under subsection (a) or (b) or
that has in effect a statute, policy, or practice providing
that it not comply with valid Department of Homeland Security
detainers issued pursuant to section 287(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), shall
not be eligible to receive for the period described in
paragraph (6)--
``(A) any of the funds that would otherwise be
allocated to the State or local government under
section 241(i) of the Immigration and Nationality Act
(8 U.S.C. 1231(i)), the `Cops on the Beat' program
under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.),
or the Edward Byrne Memorial Justice Assistance Grant
Program under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.); or
``(B) any other grant administered by the
Department of Justice or the Department of Homeland
Security that is substantially related to law
enforcement, immigration, enforcement of the
immigration laws, or naturalization.
``(2) Transfer of custody of aliens pending removal
proceedings.--The Secretary of Homeland Security, at the
Secretary's sole and unreviewable discretion, may decline to
transfer an alien in the custody of the Department of Homeland
Security to a State or local government determined, pursuant to
paragraph (4), to restrict the rights described under
subsection (a) or (b), or that has in effect a statute, policy,
or practice providing that it not comply with valid Department
of Homeland Security detainers issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)(1)), regardless of whether the State or local
government has issued a writ or warrant.
``(3) Transfer of custody of certain aliens prohibited.--
The Secretary of Homeland Security shall not transfer an alien
with a final order of removal, as defined in section 101(a)(47)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(47)),
to a State or local government that is determined, pursuant to
paragraph (4), to restrict the rights described under
subsection (a) or (b), or that has in effect a statute, policy,
or practice providing that it not comply with valid Department
of Homeland Security detainers issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)(1)).
``(4) Annual determination.--The Secretary of Homeland
Security, in the Secretary's sole and unreviewable discretion,
shall determine for each fiscal year which States and local
governments restrict the rights described under subsection (a)
or (b), or that have in effect a statute, policy, or practice
providing that they not comply with valid Department of
Homeland Security detainers issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)(1)), and shall report such determinations to the
Committees on the Judiciary of the House of Representatives and
the Senate by March 1 of each succeeding fiscal year.
``(5) Reports.--The Secretary of Homeland Security shall
issue a report on the annual determination made under paragraph
(4) at the request of the Committees on the Judiciary of the
House of Representatives and the Senate.
``(6) Period described.--Any jurisdiction that is
determined to restrict the rights established under subsection
(a) or (b) or that has in effect a statute, policy, or practice
providing that it not comply with valid Department of Homeland
Security detainers issued pursuant to section 287(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)(1)) shall be
ineligible to receive Federal financial assistance as provided
in paragraph (1)--
``(A) for a period of 1 year; or
``(B) until the Secretary of Homeland Security
certifies that the jurisdiction has come into
compliance, whichever is later.
``(7) Reallocation.--Any funds that are not allocated to a
State or to a local government due to the State or local
government restricting the rights described under subsection
(a) or (b), or that has in effect a statute, policy, or
practice providing that it not comply with valid Department of
Homeland Security detainers issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)(1)), shall be reallocated to States or local
governments that comply with each such subsection.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that subsection
(i) of section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section,
shall apply only to prohibited acts committed on or after the date of
the enactment of this Act.
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 of Homeland
Security shall issue a detainer regarding the individual to any
Federal, State, or local law enforcement entity, official, or
other personnel if the Secretary has probable cause to believe
that the individual is an inadmissible or deportable alien.
``(2) Probable cause.--Probable cause is established if any
of the following criteria is met:
``(A) The individual who is the subject of the
detainer matches, pursuant to biometric confirmation or
other Federal database records, the identity of an
alien who the Secretary has reasonable grounds to
believe to be inadmissible or deportable.
``(B) The individual who is the subject of the
detainer is the subject of ongoing removal proceedings,
including matters in which a charging document has been
served.
``(C) The individual who is the subject of the
detainer has previously been ordered removed from the
United States and such an order is administratively
final.
``(D) The individual who is the subject of the
detainer has made voluntary statements to an
immigration officer or there is other reliable evidence
that affirmatively indicates that the individual is an
inadmissible or deportable alien.
``(E) The Secretary 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) Removal.--A civil action or criminal prosecution that
is commenced in a State court and that is against or directed
to a State or local government entity (and an official or other
personnel of the State or local government entity acting in
their official capacities), and a nongovernmental entity (and
its personnel) contracted by the State or local government for
the purpose of providing detention, acting in compliance with a
Department of Homeland Security detainer issued pursuant to
this section that temporarily holds an alien in their custody
pursuant to the terms of a detainer so that the alien may be
taken into the custody of the Department of Homeland Security
may be removed by them to the district court of the United
States for the district and division embracing the place
wherein it is pending or to the district court of the United
States for the district and division in which the defendant was
served with process.
``(5) Immunity.--A State or local government entity (and an
official or other personnel of the State or local government
entity acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or local government for the purpose of providing
detention, acting in compliance with a Department of Homeland
Security detainer issued pursuant to this section that
temporarily holds an alien in their 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.
``(6) Federal government as defendant.--Following removal
of any civil action arising out of the compliance with a
Department of Homeland Security detainer by a State or local
government (and the officials and personnel of the State or
local government acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or local government for the purpose of providing
detention, the United States Government shall be substituted as
the party defendant in the suit in regard to the detention
resulting from compliance with the detainer.
``(7) Mistreatment exception.--Paragraphs (5) and (6) shall
not apply for claims the district court determines arose from
any mistreatment of an individual by a State or a local
government (and the officials and personnel of the State or
local government acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or local government for the purpose of providing
detention.
``(8) Contrary laws superseded.--The provisions under this
section shall supersede any and all State and local laws,
ordinances, regulations, and policies that directly or
indirectly prohibit or restrict, in whole or in part, the
activities described in such section.
``(9) Private right of action.--
``(A) Cause of action.--Any individual, or a
spouse, parent, or child of that individual (if the
individual is deceased), who is the victim of a murder,
rape, any felony (as such terms are defined by the
prosecuting jurisdiction), or any aggravated felony (as
defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)), for which an
alien has been convicted may bring an action for
compensatory damages against a State or local
government (or public official acting in an official
capacity) in the appropriate Federal court if the State
or local government, except as provided in
subparagraphs (B) and (D)--
``(i) released the alien from custody prior
to the commission of such crime as a
consequence of the State or local government
declining to honor a detainer issued pursuant
to paragraph (1);
``(ii) has in effect a statute, policy, or
practice not in compliance with section 642 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) and
as a consequence of its statute, policy, or
practice, released the alien from custody prior
to the commission of such crime; or
``(iii) has in effect a statute, policy, or
practice requiring a subordinate local
government to decline to honor any or all
detainers issued pursuant to paragraph (1) and
as a consequence of its statute, policy or
practice, the subordinate local government
declined to honor a detainer issued pursuant to
such section and released the alien from
custody prior to the commission of such crime.
``(B) Exception.--Subparagraph (A) shall not apply
to any individual who committed an offense described in
such subparagraph.
``(C) Limitation on bringing action.--An action may
not be brought under this paragraph later than the date
that is 10 years following the commission of the crime,
or death of a person as a result of such crime,
whichever occurs later.
``(D) Proper defendant.--If a subordinate local
government--
``(i) declines to honor a detainer issued
pursuant to paragraph (1) as a consequence of a
prohibition imposed on that subordinate local
government by a State or another local
government with jurisdiction over the
subordinate local government that prohibits the
subordinate local government from honoring the
detainer or fully complying with section 642 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373); and
``(ii) as a consequence of the statute or
other legal requirement of the State or local
government, the subdivision released the alien
referred to in subparagraph (A) from custody
prior to the commission of the crime referred
to in that paragraph,
the State or other local government that imposed the
prohibition shall be the proper defendant in a cause of
action under this subsection, and no such cause of
action may be maintained against the local government
that declined to honor the detainer.
``(E) Attorney's fees and other costs.--In any
action or proceeding under this paragraph, the court
shall award a prevailing plaintiff a reasonable
attorney's fee and a reasonable expert fee as part of
the costs.
``(F) Retroactivity.--Subject to the limitation in
subparagraph (C), an action under subparagraph (A) may
be brought with respect to an offense described in such
subparagraph (A)--
``(i) committed not earlier than 10 years
before the date of enactment of the Shut Down
Sanctuary Policies Act of 2026; or
``(ii) committed on or after the date of
enactment of the Shut Down Sanctuary Policies
Act of 2026.''.
SEC. 4. CONSTRUCTION; SEVERABILITY.
Any provision of this Act, or an amendment made by this Act, held
to be invalid or unenforceable by its terms, or as applied to any
person or circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding is that the provision of
law is invalid or unenforceable, in which event such provision shall be
deemed severable from this Act and shall not affect the remainder of
this Act, or the application of such provision to other persons not
similarly situated or to other, dissimilar circumstances.
Union Calendar No. 465
119th CONGRESS
2d Session
H. R. 7640
[Report No. 119-541]
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to improve public safety
through the enforcement of Federal immigration law in the interior of
the United States, and for other purposes.
_______________________________________________________________________
March 12, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Shut Down Sanctuary Policies Act of 2026
#7640 | HR Congress #119
Policy Area: Immigration
Subjects: Border security and unlawful immigrationCivil actions and liabilityCriminal investigation, prosecution, interrogationCriminal procedure and sentencingDetention of personsFederal preemptionImmigrant health and welfareImmigration status and proceduresIntergovernmental relationsLaw enforcement administration and fundingLaw enforcement officersSex offensesState and local government operations
Last Action: Placed on the Union Calendar, Calendar No. 465. (3/12/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text