Freedom to Cooperate Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 864 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 864

 To clarify the Federal Government's jurisdiction over immigration law
                              and policy.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2025

   Mr. Kiley of California introduced the following bill; which was
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 To clarify the Federal Government's jurisdiction over immigration law
                              and policy.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Cooperate Act''.

SEC. 2. NULLIFYING CONTRADICTORY STATE LAWS ON IMMIGRATION AND
              SANCTUARY POLICIES THAT LACK STANDING.

    (a) Congressional Intent.--In as much as Federal law takes
precedence over State laws in the enactment, implementation, and
administration of immigration policy, it is the intent of Congress that
State laws, regulations, or executive directives regarding sanctuary
policies should not hinder the ability of local law enforcement to
comply with Federal immigration enforcement provisions, including full
cooperation with Federal agencies.
    (b) In General.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Notwithstanding any other provision of Federal,
State, or local law, no State may prohibit, or in any way restrict, a
Federal, State, or local government entity, official, or other
personnel from complying with the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), or from assisting or cooperating with Federal law
enforcement entities, officials, or other personnel regarding the
enforcement of the immigration laws.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Law Enforcement Activities.--Notwithstanding any other
provision of Federal, State, or local law, no State may prohibit, or in
any way restrict, a Federal, State, or local government entity,
official, or other personnel from undertaking any of the following law
enforcement activities as they relate to information regarding the
immigration status, lawful or unlawful, the inadmissibility or
deportability, or the custody status, of any individual:
            ``(1) Making inquiries to any individual in order to obtain
        such information regarding such individual or any other
        individual.
            ``(2) Notifying the Federal Government regarding the
        presence of individuals who are encountered by law enforcement
        officials or other personnel of a State or local government.
            ``(3) Complying with requests for such information from
        Federal law enforcement entities, officials, or other
        personnel.'';
            (3) in subsection (c), by striking ``Immigration and
        Naturalization Service'' and inserting ``Department of Homeland
        Security''; and
            (4) by adding at the end the following:
    ``(d) Construction.--Nothing in this section shall require law
enforcement officials from States to report or arrest victims or
witnesses of a criminal offense.''.

SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    Section 287(d) of the Immigration and Nationality Act (8 U.S.C.
1357(d)) is amended to read as follows:
    ``(d) Detainer of Inadmissible or Deportable Aliens.--
            ``(1) In general.--In the case of an individual who is
        arrested by any Federal, State, or local law enforcement
        official or other personnel for the alleged violation of any
        criminal or motor vehicle law, the Secretary may issue a
        detainer regarding the individual to any Federal, State, or
        local law enforcement entity, official, or other personnel if
        the Secretary of Homeland Security has probable cause to
        believe that the individual is an inadmissible or deportable
        alien.
            ``(2) Probable cause.--Probable cause is deemed to be
        established if--
                    ``(A) the individual who is the subject of the
                detainer--
                            ``(i) matches, pursuant to biometric
                        confirmation or other Federal database records,
                        the identity of an alien who the Secretary of
                        Homeland Security has reasonable grounds to
                        believe to be inadmissible or deportable;
                            ``(ii) is the subject of ongoing removal
                        proceedings, including matters where a charging
                        document has already been served;
                            ``(iii) has previously been ordered removed
                        from the United States and such an order is
                        administratively final; or
                            ``(iv) has made voluntary statements or
                        provided reliable evidence that indicate that
                        the alien is an inadmissible or deportable
                        alien; or
                    ``(B) the Secretary of Homeland Security otherwise
                has reasonable grounds to believe that the individual
                who is the subject of the detainer is an inadmissible
                or deportable alien.
            ``(3) Transfer of custody.--If the Federal, State, or local
        law enforcement entity, official, or other personnel to whom a
        detainer is issued complies with the detainer and detains for
        purposes of transfer of custody to the Department of Homeland
        Security the individual who is the subject of the detainer, the
        Department may take custody of the individual within 48 hours
        (excluding weekends and holidays), but in no instance more than
        96 hours, following the date that the individual is otherwise
        to be released from the custody of the relevant Federal, State,
        or local law enforcement entity.
            ``(4) Immunity.--
                    ``(A) In general.--A State or a political
                subdivision of a State (and the officials and personnel
                of the State or subdivision acting in their official
                capacities), and a nongovernmental entity (and its
                personnel) contracted by the State or political
                subdivision for the purpose of providing detention,
                acting in compliance with a Department of Homeland
                Security detainer issued pursuant to this section who
                temporarily holds an alien in its custody pursuant to
                the terms of a detainer so that the alien may be taken
                into the custody of the Department of Homeland
                Security, shall be considered to be acting under color
                of Federal authority for purposes of determining their
                liability and shall be held harmless for their
                compliance with the detainer in any suit seeking any
                punitive, compensatory, or other monetary damages.
                    ``(B) Federal government as defendant.--In any
                civil action arising out of the compliance with a
                Department of Homeland Security detainer by a State or
                a political subdivision of a State (and the officials
                and personnel of the State or subdivision acting in
                their official capacities), or a nongovernmental entity
                (and its personnel) contracted by the State or
                political subdivision for the purpose of providing
                detention, the United States Government shall be the
                proper party named as the defendant in the suit in
                regard to the detention resulting from compliance with
                the detainer.
                    ``(C) Bad faith exception.--Subparagraphs (A) and
                (B) shall not apply to any mistreatment of an
                individual by a State or a political subdivision of a
                State (and the officials and personnel of the State or
                subdivision acting in their official capacities), or a
                nongovernmental entity (and its personnel) contracted
                by the State or political subdivision for the purpose
                of providing detention.''.
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