State and local 'sanctuary' policies — where cities or states limit how their police cooperate with federal immigration enforcement — would effectively be outlawed under this bill. Jurisdictions that keep such policies or refuse to honor ICE detainer requests would lose access to federal law enforcement grants for at least a year, including the 'Cops on the Beat' program and the Byrne Justice Assistance Grant program that fund police departments nationwide. The bill rewrites ICE's detainer authority: once ICE issues a detainer based on a broad 'probable cause' standard, local jails would be shielded from lawsuits for holding someone up to 96 hours beyond their scheduled release. It also creates a new private right of action — victims of serious crimes committed by undocumented immigrants could sue sanctuary jurisdictions for money damages, with the lawsuit reaching back to crimes committed up to 10 years before enactment. The Homeland Security Secretary is given 'sole and unreviewable discretion' to designate which jurisdictions are non-compliant each year. Civil liberties groups say the expanded detainer powers and broad immunity for cooperating officers weaken protections against wrongful detention, while cities with sanctuary policies warn the loss of law enforcement grants could force them to either reverse those policies or cut other police services. Affects residents, police, and elected officials in jurisdictions like California, Illinois, New York, and many major cities.
Congressional Summary
Shut Down Sanctuary Policies Act of 2026This 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
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Reported to House
- Action Date
- 2026-03-12
- Date Added
- 2026-04-19