Shut Down Sanctuary Policies Act of 2026

A victim of murder, rape, or a felony could sue for money. The city or state must have refused an immigration hold and let the person go. A winning plaintiff also gets legal and expert fees paid.

Suits could cover crimes committed as long as 10 years before the bill becomes law. The deadline is 10 years after the crime. If the victim died, the clock runs from the death.

A jail that gets an immigration hold could keep someone up to 96 hours past their release date. Federal officers are meant to pick the person up within 48 hours. Weekends and holidays do not count.

The bill puts five ways to meet the probable cause test into law. A fingerprint or database match counts. So does a Homeland Security judgment that the person can be deported.

Cities, counties, and their staff would count as acting for the federal government. Someone wrongly held could not collect money from them. Claims about mistreatment would still be allowed.

Police could ask anyone about their own or another person's immigration status. State and local rules that limit those questions would be overridden.

Homeland Security would have to issue a hold after any arrest under a criminal or traffic law. It needs probable cause that the person can be deported. Today the rule reaches only drug arrests, and the hold is a choice.

Current law only stops states from blocking information sharing. The bill would also protect the right to enforce immigration law. State or local rules against that would be wiped out.

Places that limit cooperation or refuse holds would lose Byrne Justice Assistance Grant and Cops on the Beat money. Other Justice and Homeland Security law enforcement grants would stop too. The block runs a year, or longer if Homeland Security has not said the place complies. The money goes to places that do comply.

Homeland Security could turn down a request to transfer someone it holds. That is true even if the state has a warrant. Transfers are banned outright when the person has a final removal order.

The Homeland Security Secretary would name the states and cities that fall short each year. That choice could not be challenged in court. The list goes to House and Senate Judiciary Committees by March 1.

A city or officer sued in state court over cooperating could move the case to federal court. The United States would then take their place as the defendant. Mistreatment claims are the exception.

Companies hired by cities or counties to run detention would get the same shield as government jails. They could not be made to pay money damages for holding someone on an immigration hold.