H.R. 7423

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7423 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7423

To amend section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) to clarify and strengthen 
requirements relating to information sharing between State and local 
governments and Federal immigration authorities, to prohibit State and 
local policies that materially restrict such information sharing, and 
for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 9, 2026

Mr. Carter of Georgia introduced the following bill; which was referred 
to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) to clarify and strengthen 
requirements relating to information sharing between State and local 
governments and Federal immigration authorities, to prohibit State and 
local policies that materially restrict such information sharing, 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 ``No Sanctuary Cities Act of 2026''.

SEC. 2. AMENDMENT TO THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT 
RESPONSIBILITY ACT OF 1996.

Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) is amended to read as 
follows:

``SEC. 642. COMMUNICATION AND INFORMATION SHARING REGARDING CITIZENSHIP 
OR IMMIGRATION STATUS.

``(a) Definitions.--In this section:
``(1) The term `information' means information that is 
lawfully obtained and maintained by a State or political 
subdivision for law enforcement, correctional, or custodial 
purposes, including--
``(A) immigration or citizenship status;
``(B) custody status;
``(C) scheduled release date and time;
``(D) facility or detention location; and
``(E) transfer or discharge information.
``(2) The term `materially restrict' means to prohibit, 
delay, condition, or penalize the sharing of information in a 
manner that interferes with its timely transmission.
``(b) Prohibition on Restrictive Policies.--A State or political 
subdivision may not enact or enforce any law, regulation, policy, or 
practice that--
``(1) prohibits or materially restricts any government 
entity or official from sharing information described in 
subsection (a), sending such information to, or requesting or 
receiving such information from the Department of Homeland 
Security, or exchanging such information with any other 
Federal, State, or local government entity;
``(2) subjects any government entity or official to 
discipline, retaliation, or adverse employment action for the 
lawful sharing of such information; or
``(3) requires advance approval, supervisory authorization, 
or procedural delay that materially restricts such information 
sharing.
``(c) Release Notification.--A State or political subdivision 
shall, upon request by the Department of Homeland Security regarding a 
specific individual, provide notice of the release of such individual 
from criminal custody as follows:
``(1) Scheduled release.--In the case of a release 
scheduled at least 48 hours in advance (including completion of 
a sentence), notice shall be provided no later than 48 hours 
prior to such release.
``(2) Unscheduled release.--In the case of a release 
ordered by a court or magistrate that was not scheduled 48 
hours in advance, the State or political subdivision shall 
notify the Department of Homeland Security immediately upon the 
issuance of such order and shall maintain custody of the 
individual for a period of up to 48 hours to permit the 
assumption of custody by the Department of Homeland Security.
``(d) Obligation To Respond to Inquiries.--The Department of 
Homeland Security shall respond to an inquiry by a Federal, State, or 
local government agency, seeking to verify or ascertain the citizenship 
or immigration status of any individual within the jurisdiction of the 
agency for any purpose authorized by law, by providing the requested 
verification or status information.
``(e) Officer Immunity.--Notwithstanding any other provision of 
law, a law enforcement officer of a State or political subdivision who 
is acting within the scope of the officer's official duties shall be 
immune, to the same extent as a Federal law enforcement officer, from 
personal liability arising out of the performance of any duty described 
in this section, including the authorities to maintain information, 
notify the Department of Homeland Security, investigate, identify, 
detain, or transfer to Federal custody an alien for the purposes of 
enforcing the immigration laws of the United States (as defined in 
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))).''.

SEC. 3. ENFORCEMENT.

(a) Civil Enforcement.--The Attorney General may bring a civil 
action in an appropriate United States district court for declaratory 
or injunctive relief to enforce compliance with section 642 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1373).
(b) Grant Eligibility.--A State or political subdivision that is 
determined by a court of competent jurisdiction to be in knowing 
violation of such section 642 may be deemed ineligible for grants 
administered by the Department of Justice for law enforcement purposes, 
as specified by the Attorney General.

SEC. 4. SEVERABILITY.

If any provision of this Act, or the application thereof to any 
person or circumstance, is held invalid, the remainder of this Act 
shall not be affected.
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