[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3744 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 3744

   To amend chapter 93 of title 18, United States Code, to prohibit 
       obstruction of immigration laws by official interference.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2026

  Mr. Graham introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 93 of title 18, United States Code, to prohibit 
       obstruction of immigration laws by official interference.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. OBSTRUCTION OF IMMIGRATION LAWS BY OFFICIAL INTERFERENCE.

    (a) In General.--Chapter 93 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1925. Obstruction of immigration laws by official interference
    ``(a) Definitions.--In this section--
            ``(1) the term `alien' has the meaning given that term in 
        section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1001(a));
            ``(2) the terms `conceals', `harbors', and `shields' mean 
        conceals, harbors, or shields, respectively, within the meaning 
        given such terms under clause (iii) of section 274(a)(1)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)); 
        and
            ``(3) the term `immigration laws' has the meaning given 
        that term in section 101(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)).
    ``(b) Prohibited Conduct.--It shall be unlawful for any officer, 
employee, or contractor of a State or local government, acting under 
color of law and with intent to impede or obstruct the enforcement of 
the immigration laws, to knowingly adopt, direct, implement, or enforce 
a law, regulation, policy, or practice that--
            ``(1) affirmatively prohibits or materially restricts 
        Federal immigration officers, or other Federal officials acting 
        authority delegated under immigration laws, from entering 
        nonsecure areas of a detention facility operated by or on 
        behalf of the State or local government to interview, 
        apprehend, or take custody of an alien subject to arrest or 
        removal proceedings under Federal law;
            ``(2) affirmatively conceals, harbors, or shields an alien 
        subject to arrest or removal proceedings under Federal law in 
        any way, including by directing the alteration, destruction, or 
        withholding of records relating to the immigration status or 
        release from custody of the alien;
            ``(3) requires, aids in, directs, or facilitates the 
        release from custody of an alien subject to arrest or removal 
        under Federal law without providing Federal immigration 
        authorities with a minimum of 48 hours notice and opportunity 
        to assume custody;
            ``(4) prohibits or restricts State or local law enforcement 
        agencies from cooperating with Federal immigration authorities 
        with respect to enforcement of Federal law concerning the 
        removal of aliens, including through sending, receiving, 
        maintaining, or otherwise exchanging with any Federal, State, 
        or local government entity information regarding the 
        citizenship or immigration status (lawful or unlawful) of any 
        alien;
            ``(5) prohibits or restricts complying with a request 
        lawfully made by the Department of Homeland Security under 
        sections 217, 235, 236, 238, 241, or 287 of the Immigration and 
        Nationality Act (8 U.S.C. 1187, 1225, 1226, 1228, 1231, or 
        1357) to comply with a detainer for, or notify within a minimum 
        of 48 hours in advance about the release of, an alien; or
            ``(6) otherwise prohibits or restricts a State or local 
        government employee, official, or contractor or State or local 
        law enforcement agency from providing assistance with any other 
        request lawfully made by the Department of Homeland Security 
        with respect to enforcement of immigration laws, including 
        assistance consistent with the safety of individual Federal 
        officers.
    ``(c) Penalties.--An officer or employee of a State or local 
government who violates subsection (b)--
            ``(1) if a violation results in the release of an alien 
        who, after release and prior to any subsequent arrest or 
        detention, commits an act resulting in the death of any person, 
        shall be fined under this title, imprisoned for any term of 
        years or for life, or both;
            ``(2) if the violation results in the release of an alien 
        who, after release and prior to any subsequent arrest or 
        detention, commits an act resulting in serious bodily injury to 
        any person, shall be fined under this title, imprisoned for not 
        more than 20 years, or both; or
            ``(3) with respect to any other violation, shall be fined 
        under this title, imprisoned for not more than 10 years, or 
        both.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 93 of title 18, United States Code, is amended by adding at the 
end the following:

``1925. Obstruction of immigration laws by official interference.''.
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