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119-hr-7640119th Congress

Shut Down Sanctuary Policies Act of 2026

Sponsored By: Representative McClintock, Tom [R-CA-5]

In Committee

Summary

Compels state and local governments to cooperate with federal immigration enforcement. The Shut Down Sanctuary Policies Act of 2026 would expand what information local officials must share, codify a stronger DHS detainer regime, and create new civil liability and funding penalties for jurisdictions that do not comply.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Victim lawsuits when detainers ignored

If enacted, the bill would let a victim—or the victim’s spouse, parent, or child if the victim died—file a federal lawsuit for money when an alien later convicted of murder, rape, a felony, or an aggravated felony committed the offense after being released because a DHS detainer was not honored or a noncompliant policy caused the release. The suit must be filed within 10 years of the crime or death, and it can cover qualifying crimes up to 10 years before enactment. If a lower-level government refused a detainer because of a prohibition from a higher-level government, the higher-level government would be the proper defendant. Courts would be required to award prevailing plaintiffs reasonable attorney and expert fees.

Federal list and grant penalties

If enacted, the Secretary of Homeland Security would each year identify States and local governments that restrict cooperation with immigration enforcement and report those names to the House and Senate Judiciary Committees by March 1. The Secretary would have sole, unreviewable discretion to make those determinations and could refuse to transfer people in DHS custody to jurisdictions found noncompliant. Jurisdictions the Secretary finds noncompliant would be ineligible for certain federal grants for one year or until they certify compliance, and funds not given to noncompliant areas would be reallocated to compliant jurisdictions. The funding and transfer rules would apply only to prohibited acts committed on or after enactment.

Local duty to assist federal immigration

If enacted, the bill would bar State and local rules that stop officials from helping federal immigration enforcement. Police and government workers would be able to ask about, record, and share a person’s citizenship or immigration status and notify federal authorities. The bill would define DHS detainers, set how probable cause is shown, and let DHS take custody within 48 hours (weekends and holidays not counted) and no later than 96 hours after someone’s scheduled release. It would also protect governments and private jail contractors from most money damages when they follow detainers, but courts could still hear claims about mistreatment.

Sponsors & CoSponsors

Sponsor

McClintock, Tom [R-CA-5]

CA • R

Cosponsors

  • Rep. Cline, Ben [R-VA-6]

    VA • R

    Sponsored 3/3/2026

  • Rep. Nehls, Troy E. [R-TX-22]

    TX • R

    Sponsored 3/3/2026

  • Rep. Hageman, Harriet M. [R-WY-At Large]

    WY • R

    Sponsored 3/4/2026

  • Rep. Fry, Russell [R-SC-7]

    SC • R

    Sponsored 3/5/2026

  • Rep. Tiffany, Thomas P. [R-WI-7]

    WI • R

    Sponsored 3/5/2026

Roll Call Votes

No roll call votes available for this bill.

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