H.R. 7640

[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