This bill matters because it directly challenges the policies of many state and local governments that aim to limit cooperation with federal immigration enforcement, often referred to as 'sanctuary' policies. If passed, it would fundamentally change how local law enforcement agencies interact with federal immigration officials across the country.
Voters should care because it could lead to federal criminal prosecution of local officials for actions currently considered legal under state or local law. It could also shift resources and priorities for local law enforcement, potentially impacting local public safety efforts by creating a federal mandate for information sharing and altering trust dynamics within immigrant communities. If this bill becomes law, jurisdictions that currently limit cooperation would be compelled to change their practices or face severe penalties, whereas if it doesn't pass, local control over these policies would largely remain.
KEY PROVISIONS
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PROVISION 01
Makes it unlawful for state or local executive officials to prohibit or limit compliance with federal requests for advance notice regarding the release of a 'criminal alien'.
This provision directly targets and outlaws policies common in 'sanctuary cities' that limit information sharing with federal immigration authorities.
PROVISION 02
Defines a 'criminal alien' as a non-citizen charged with or convicted of any federal or state crime.
This broad definition means the bill applies to a wide range of non-citizens, not just those convicted of serious felonies.
PROVISION 03
Requires 'reasonable advance notice' (at least 48 hours unless impossible) to be given to the Department of Homeland Security before releasing a criminal alien.
This sets a clear, federally mandated timeframe for notification, ensuring federal agencies have time to act before a release.
PROVISION 04
Establishes criminal penalties for violating these provisions, with severity tied to the crime committed by the released 'criminal alien'.
This introduces significant legal risk, including lengthy prison sentences, for state and local officials who do not comply.
This bill matters because it directly challenges the policies of many state and local governments that aim to limit cooperation with federal immigration enforcement, often referred to as 'sanctuary' policies. If passed, it would fundamentally change how local law enforcement agencies interact with federal immigration officials across the country.
Voters should care because it could lead to federal criminal prosecution of local officials for actions currently considered legal under state or local law. It could also shift resources and priorities for local law enforcement, potentially impacting local public safety efforts by creating a federal mandate for information sharing and altering trust dynamics within immigrant communities. If this bill becomes law, jurisdictions that currently limit cooperation would be compelled to change their practices or face severe penalties, whereas if it doesn't pass, local control over these policies would largely remain.
KEY PROVISIONS
AI-extracted
high
Makes it unlawful for state or local executive officials to prohibit or limit compliance with federal requests for advance notice regarding the release of a 'criminal alien'.
This provision directly targets and outlaws policies common in 'sanctuary cities' that limit information sharing with federal immigration authorities.
med
Defines a 'criminal alien' as a non-citizen charged with or convicted of any federal or state crime.
This broad definition means the bill applies to a wide range of non-citizens, not just those convicted of serious felonies.
med
Requires 'reasonable advance notice' (at least 48 hours unless impossible) to be given to the Department of Homeland Security before releasing a criminal alien.
This sets a clear, federally mandated timeframe for notification, ensuring federal agencies have time to act before a release.
high
Establishes criminal penalties for violating these provisions, with severity tied to the crime committed by the released 'criminal alien'.
This introduces significant legal risk, including lengthy prison sentences, for state and local officials who do not comply.
fined under this title, imprisoned for not less than 10 years and not more than 25 years, or both
responsible executive official of a State or unit of local government, if the violation results in the release from custody of a criminal alien charged with or convicted of murder, rape, or a Federal sex offense or State sex offense against a minor
criminal
fined under this title, imprisoned for not less than 5 years and not more than 10 years, or both
responsible executive official of a State or unit of local government, if the violation results in the release from custody of a criminal alien charged with or convicted of a serious violent felony
criminal
fined under this title, imprisoned for not less than 30 days and not more than 6 months, or both
responsible executive official of a State or unit of local government, if the violation results in the release from custody of a criminal alien charged with or convicted of any other Federal or State criminal offense
GLOSSARY
AI-written
criminal alien
A non-citizen who has been charged with or convicted of a crime under federal or state law.
responsible executive official
The most senior government official in a state or local government unit who is in charge of carrying out a specific law, policy, or action.
immigration laws
The federal laws that govern who can enter, reside in, and leave the United States, as defined in the Immigration and Nationality Act.
reasonable advance notice
Notification provided to federal authorities about a criminal alien's scheduled release date and time, given as early as possible and, if not impossible, at least 48 hours before the release.
obstruction of immigration laws by official interference
The act of a state or local official knowingly blocking or limiting compliance with federal requests for information regarding the release of a non-citizen charged with or convicted of a crime.
under color of law
Actions taken by a person claiming to act in an official capacity or misuse of power given to them by their position as a government official.
sanctuary cities
ACTION TIMELINE
3 EVENTS
FEB 10
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 318.
CALENDARS
FEB 9
Introduced in Senate
INTROREFERRAL
FEB 9
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Local jurisdictions with policies or practices that limit their cooperation with federal immigration enforcement efforts, often by not sharing information about individuals' immigration status with federal agencies.
