Shut Down Sanctuary Policies Act of 2026
Sponsored By: Representative McClintock
In Committee
Summary
Expands state and local cooperation with federal immigration enforcement. The bill rewrites a core Immigration and Nationality Act provision to let local officials ask about and share immigration status, broaden use of detainers, and add penalties and remedies for jurisdictions that limit cooperation.
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- State and local officials gain explicit authority to obtain and share information about citizenship or immigration status, and those powers override contrary local laws. They also get immunity when they act under the law and can remove related lawsuits to federal court.
- Jurisdictions that restrict cooperation or refuse DHS detainers can lose eligibility for certain Department of Justice or Department of Homeland Security grants for one year or until they come into compliance, with remaining funds reallocated to compliant areas.
- The bill creates a detailed detainer framework. DHS may take custody within 48 hours but not more than 96 hours after release when probable cause exists that a person is removable, and it can bar transfers of aliens with final removal orders to noncompliant jurisdictions.
- Crime victims of murder, rape, or other listed felonies may bring a private suit for compensatory damages if an eligible alien was released contrary to detainer obligations, subject to specified limitations.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
Federal lawsuit right for crime victims
If enacted, a victim of murder, rape, a felony, or an aggravated felony would be able to sue a state or local government for money if the government released the offender because it declined to honor a DHS detainer or had a policy that caused the release. The victim's spouse, parent, or child could sue if the victim died. Lawsuits must be filed within 10 years of the crime or death. Courts would award prevailing plaintiffs reasonable attorney and expert fees.
Stronger detainer rules and custody
If enacted, DHS would be able to issue a detainer when it has probable cause that an arrested person is inadmissible or deportable. Probable cause could be a biometric or federal database match, ongoing removal proceedings, a past final removal order, a voluntary statement, or other reliable evidence. The rule would apply when someone is arrested for a crime or a motor vehicle offense. If a local agency holds someone for transfer, DHS could take custody within 48 hours (excluding weekends and holidays) but no later than 96 hours. DHS would also be barred from transferring people with final removal orders to jurisdictions the Secretary finds noncooperative.
Grant bans and annual noncooperation list
If enacted, the Secretary of Homeland Security would each year name jurisdictions that limit cooperation with federal immigration enforcement and report those names to the House and Senate Judiciary Committees by March 1. Jurisdictions found to restrict cooperation or not comply with valid DHS detainers would be ineligible for certain federal law-enforcement grants for one year or until they come into compliance. Named programs include funds under section 241(i) of the Immigration and Nationality Act, the COPS on the Beat program, and Edward Byrne Justice Assistance grants. Money not given to ineligible places would be reallocated to jurisdictions that comply.
New rules on local cooperation and immunity
If enacted, federal, state, and local government workers would be allowed to ask people about citizenship and immigration status, keep that information, and notify federal officials. The bill would override state or local laws that block these actions. State and local officials and some private detention staff who follow DHS detainers would be treated as acting under federal authority and could be protected from money damages. Those immunity protections would not apply if a court finds intentional mistreatment.
Sponsors & CoSponsors
Sponsor
McClintock
CA • R
Cosponsors
Rep. Cline, Ben [R-VA-6]
VA • R
Sponsored 3/3/2026
Nehls
TX • R
Sponsored 3/3/2026
Hageman
WY • R
Sponsored 3/4/2026
Rep. Fry, Russell [R-SC-7]
SC • R
Sponsored 3/5/2026
Tiffany
WI • R
Sponsored 3/5/2026
Roll Call Votes
No roll call votes available for this bill.
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