This bill, the "No Illegal Captivity and Extensions Act of 2026" (NICE Act of 2026), changes parts of the Immigration and Nationality Act to remove and ban immigration detainers. It strikes paragraph (3) of 8 U.S.C. 1226(c) and subsection (d) of 8 U.S.C. 1357. It also changes 8 U.S.C. 1103(a)(11)(B) so the Secretary of Homeland Security may not require other parties to enforce a detainer or hold. Finally, it says the Secretary may not issue or enforce any detainer or hold under the immigration laws, including through intergovernmental service agreements, basic ordering agreements, or informal understandings with federal, state, or local law enforcement.
If this bill became law, the Department of Homeland Security could not issue or force enforcement of immigration detainers or holds. The department also could not make agreements that require federal, state, or local law enforcement to detain or hold people on the department's behalf.
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The bill text shows supporters want to end the use of immigration detainers and stop the Secretary from requiring or enforcing holds through agreements with other law enforcement agencies.
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