Shut Down Sanctuary Policies Act of 2026
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The bill would bar state and local governments from restricting cooperation with federal immigration enforcement, require Homeland Security to issue detainers whenever there is probable cause an arrested person is deportable, and cut off certain federal law-enforcement funding to jurisdictions that don't comply.
It would also create a new lawsuit right letting crime victims sue "sanctuary" jurisdictions that released a detainee who went on to commit murder, rape, or another serious felony, marking a major escalation of federal pressure on sanctuary policies nationwide.
What this bill would do
What it would do
The bill would amend federal law to guarantee that any federal, state, or local government or official may comply with, enforce, or assist federal immigration enforcement and may inquire about or share a person's immigration status, superseding any state or local law that restricts this. It would require the Department of Homeland Security to issue a detainer for anyone arrested on any criminal or motor vehicle charge whenever there is probable cause to believe the person is inadmissible or deportable, and would let DHS hold the person up to 96 hours for transfer. Jurisdictions DHS determines are noncompliant would lose eligibility for certain Justice Department and DHS law-enforcement and immigration grants, with those funds reallocated to compliant jurisdictions. The bill would also give officials who comply immunity from state civil suits and the right to remove such suits to federal court, and would create a private right of action letting crime victims sue noncompliant jurisdictions that released an alien later convicted of murder, rape, or a felony. It does not itself appropriate new funding or alter the underlying grant programs' purposes.
Key provisions
- 1Would guarantee federal, state, and local officials' right to cooperate with immigration enforcement and share immigration status information, superseding contrary state or local laws.
- 2Would strip eligible law-enforcement and immigration grant funding from jurisdictions DHS finds noncompliant, reallocating those funds to compliant jurisdictions.
- 3Would require DHS to issue a detainer whenever there is probable cause an arrested individual is inadmissible or deportable, allowing custody transfer within 48-96 hours.
- 4Would grant officials complying with the Act immunity from damages suits and the right to remove related state-court cases to federal court.
- 5Would create a private right of action for crime victims to sue noncompliant jurisdictions that released an alien later convicted of murder, rape, or a felony.
- 6Would let DHS decline to transfer aliens to noncompliant jurisdictions and would bar transferring anyone with a final removal order to such jurisdictions.
Who would be affected
State and local governments, police departments, and officials involved in arrests or detention; the Department of Homeland Security and Department of Justice, which administer the affected grant programs; noncitizens subject to detainers; and crime victims or their families who could sue jurisdictions that released a detained individual.
Why it matters
Jurisdictions with sanctuary policies could lose significant law-enforcement grant funding and face new civil liability from crime victims, pressuring them to honor federal detainers. Officials who cooperate would gain federal immunity and easier removal of state lawsuits to federal court, while noncitizens could be held longer on lower-threshold probable-cause detainers.
What would change
Changes to existing law
Amends 8 U.S.C. § 1373 (Illegal Immigration Reform and Immigrant Responsibility Act of 1996, sec. 642) (Sec. 2)
Broadens protected cooperation with immigration enforcement, adds preemption of contrary state/local laws, immunity, removal, and funding-cutoff provisions.
Amends Immigration and Nationality Act § 287(d) (8 U.S.C. § 1357(d)) (Sec. 3)
Replaces detainer authority with a mandatory detainer standard, custody-transfer timelines, immunity, removal, and a new private right of action.
Agencies directed to act
Effective dates
- The amendments to state/local cooperation and funding rules
- New funding-ineligibility provision applies only to prohibited acts
How implementation would work
DHS would determine annually, at its sole discretion, which states and localities restrict cooperation or refuse to honor detainers, reporting findings to the House and Senate Judiciary Committees each March. Noncompliant jurisdictions would lose eligibility for named grant programs and other DOJ/DHS law-enforcement or immigration grants for at least one year or until DHS certifies compliance, with withheld funds reallocated to compliant jurisdictions. DHS could also decline to transfer aliens in its custody to noncompliant jurisdictions, and is barred from transferring anyone with a final removal order to them. Victims or their families could file suit in federal court within ten years of a qualifying crime, with fee-shifting for prevailing plaintiffs.
Legislative status & sources
Latest action
Placed on the Union Calendar, Calendar No. 465.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill addresses issues related to state and local government cooperation with federal immigration enforcement efforts, including by prohibiting limitations on cooperation, revising detainer authority, and restricting funding for certain jurisdictions.
Federal, state, and local government entities, including personnel, must be allowed to (1) comply with or enforce immigration laws or cooperate with immigration enforcement efforts, or (2) inquire about an individual's immigration status. Currently, such government entities must be allowed to share immigration-related information with the Department of Homeland Security (DHS).
DHS must issue a detainer for individuals arrested for any criminal or motor vehicle offense if DHS has probable cause that they are inadmissible or deportable.
Jurisdictions not in compliance with this bill, as determined by DHS, are ineligible for certain funding for law enforcement or immigration. This funding must be reallocated to jurisdictions that are in compliance.
The bill also creates a private right of action for victims of certain crimes to bring against a state or local government that, for example, released the individual who was convicted of the crime despite a detainer.
The bill provides federal immunity for officials and entities in compliance with the bill and removal to federal court for related prosecutions.
DHS may decline transfer of an individual in its custody if the requesting jurisdiction is not in compliance with this bill. DHS is prohibited from transferring an individual with a final order of removal.
Legislative subjects
Border security and unlawful immigration; Civil actions and liability; Criminal investigation, prosecution, interrogation; Criminal procedure and sentencing; Detention of persons; Federal preemption; Immigrant health and welfare; Immigration; Immigration status and procedures; Intergovernmental relations; Law enforcement administration and funding; Law enforcement officers; Sex offenses; State and local government operations
Committee report
H. Rept. 119-541