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119-hr-864119th Congress

Freedom to Cooperate Act

Sponsored By: Representative Kiley, Kevin [I-CA-3]

Introduced

Summary

Federal cooperation on immigration. This bill would reinforce federal authority by preventing states from blocking local officials from asking about or sharing a person’s immigration status. It would also expand federal detainer authority and set custody and legal protections for detainers.

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  • State and local governments: Would bar state laws that prohibit officials or government entities from asking about immigration status, notifying federal authorities, or complying with federal requests for immigration-related information.
  • People arrested and migrants: Would allow the Department of Homeland Security to issue detainers when there is probable cause that an arrested person is inadmissible or deportable, including matches to biometric records, final removal orders, or reliable statements.
  • Detainers and legal protections: Would permit DHS to take custody within 48 to 96 hours after release if a detainer is complied with, and would grant legal immunity to states, localities, and contracted entities acting under a detainer, with a bad-faith exception and the United States as the proper defendant in related suits.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Local police could share status and hold longer

If enacted, states could not block local police from helping federal immigration enforcement or from asking about and sharing immigration status. It would not require police to report or arrest crime victims or witnesses. The Department of Homeland Security could ask jails to hold people arrested for criminal or motor vehicle offenses if it has probable cause they are inadmissible or deportable. Probable cause could rest on biometric or federal records, pending or final removal cases, reliable statements, or other reasonable grounds. If a jail complies, the Department could take custody within 48 hours (excluding weekends and holidays) and no later than 96 hours after normal release; states and contractors that comply would be shielded from money-damage suits unless they mistreat someone, and the United States would be the defendant.

Sponsors & CoSponsors

Sponsor

Kiley, Kevin [I-CA-3]

CA • I

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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