H.R. 5411

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5411 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5411

To prohibit State and local law enforcement from arresting foreign 
nationals within the United States solely on the basis of an 
indictment, warrant, or request issued by the International Criminal 
Court, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 16, 2025

Ms. Stefanik introduced the following bill; which was referred to the 
Committee on the Judiciary

_______________________________________________________________________

A BILL

To prohibit State and local law enforcement from arresting foreign 
nationals within the United States solely on the basis of an 
indictment, warrant, or request issued by the International Criminal 
Court, 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 ``Sovereign Enforcement Integrity Act 
of 2025''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) The United States is not a party to the Rome Statute 
establishing the International Criminal Court (ICC).
(2) The Constitution provides the Federal Government with 
exclusive authority over foreign relations and the treatment of 
foreign nationals within the territory of the United States.
(3) The arrest or detention of foreign nationals on United 
States soil pursuant to an ICC request or indictment, absent 
Federal authorization, could jeopardize the foreign policy 
interests of the United States and conflict with longstanding 
constitutional principles.
(4) Law enforcement activities implicating international 
law enforcement obligations must be governed by uniform 
national standards.
(b) Purpose.--The purpose of this Act is to preempt State and local 
law enforcement from executing, honoring, or enforcing any request, 
warrant, or indictment issued by the International Criminal Court 
unless expressly authorized by Federal law.

SEC. 3. PROHIBITION ON STATE OR LOCAL ENFORCEMENT OF ICC ACTIONS.

(a) General Rule.--No officer, employee, or agent of a State, 
territory, the District of Columbia, or any political subdivision 
thereof, shall--
(1) arrest, detain, or otherwise deprive a foreign national 
of liberty based solely on a warrant, indictment, summons, or 
other process issued by the International Criminal Court;
(2) cooperate with, or provide assistance to, the 
International Criminal Court in effectuating such an arrest or 
detention; or
(3) use any funds, facilities, personnel, or equipment to 
carry out any action described in paragraph (1) or (2).
(b) Exception.--The prohibitions in subsection (a) shall not apply 
if--
(1) Congress enacts legislation expressly authorizing 
cooperation with the International Criminal Court in a specific 
case; or
(2) the President certifies to Congress that such 
cooperation is essential to a declared national security 
interest and issues a specific written authorization.

SEC. 4. PREEMPTION.

This Act supersedes any State or local law, policy, or regulation 
that permits, requires, or authorizes any action inconsistent with this 
Act.

SEC. 5. SEVERABILITY.

If any provision of this Act, or the application of a provision to 
any person or circumstance, is held to be unconstitutional, the 
remainder of the Act and the application of the provisions to any other 
person or circumstance shall not be affected.
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