Summary#
This bill would add a new federal crime to Title 18 (section 1925). It defines key terms from the Immigration and Nationality Act and says it is unlawful for a State or local officer, employee, or contractor acting under color of law, with intent to impede immigration enforcement, to knowingly adopt, direct, implement, or enforce policies that:
- stop or materially limit federal immigration officers from entering nonsecure areas of a detention facility to interview, apprehend, or take custody of someone;
- conceal, harbor, or shield a person subject to arrest or removal, including by altering, destroying, or withholding records about immigration status or release;
- require or help release a person subject to removal without giving federal immigration authorities at least 48 hours notice and an opportunity to assume custody;
- prohibit or limit state or local law enforcement from cooperating with federal immigration authorities, including exchanging information about citizenship or immigration status;
- prohibit or limit complying with certain Department of Homeland Security requests (including detainers) or notifying DHS at least 48 hours before release; or
- otherwise prohibit or limit providing assistance to lawful DHS requests related to immigration enforcement.
The bill sets criminal penalties that apply to officers or employees of a State or local government who violate these rules: if a violation leads to a released person later causing a death, the official may be fined and imprisoned for any term of years or life; if it leads to serious bodily injury, imprisonment up to 20 years; other violations carry imprisonment up to 10 years. The bill was introduced by Senator Lindsey Graham on January 29, 2026, and was read twice and referred to the Senate Committee on the Judiciary.
What it means for you#
- State and local officials and employees: The bill would make certain policies that block federal immigration enforcement a federal crime if done with intent to impede enforcement. Some actions could carry long prison terms if a released person later causes death or serious injury.
- Contractors and contractors' employees: The bill’s prohibited-conduct list includes contractors, but the criminal penalties section names officers or employees. The text does not clearly state whether the same penalties apply to contractors.
- Detention facilities: The bill would bar policies that stop federal officers from entering nonsecure areas to interview or take custody of people subject to removal.
- Immigration officials and DHS: The bill requires notice and cooperation in certain situations, including a minimum 48-hour notice before release when DHS requests custody.
- General public: The bill would not take effect until enacted; current legal and enforcement details remain as they are now.
Expenses#
No publicly available information on costs or federal budget effects. The bill text does not include cost estimates or funding provisions.
Proponents' View#
No publicly available information.
Opponents' View#
No publicly available information.