ERIC ADAMS Act of 2025

Bill Number

H.R. 4838

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-08-01: Referred to the House Committee on the Judiciary.

Last Updated

2025-12-15T19:37:53Z

AI-Generated Summary

Purpose

This legislation aims to hold mayors of "sanctuary cities" criminally accountable for murders committed by undocumented immigrants if the city's policies limiting cooperation with federal immigration enforcement foreseeably contributed to the incident. It seeks to deter such policies by imposing personal liability on local leaders.

Key Provisions

• Criminal Liability (Section 2): Adds a new section (1112A) to Chapter 51 of Title 18, United States Code, making a mayor guilty of "criminal negligence resulting in manslaughter" if:
• An undocumented immigrant commits murder (as defined by state or federal law) in the city's jurisdiction.
• The mayor knowingly adopted, maintained, or failed to repeal a sanctuary policy that restricted cooperation with federal immigration authorities, and this policy directly and foreseeably led to the immigrant not being detained or removed before the murder.
• "Direct and foreseeable contribution" is defined as the policy creating a substantial risk that the immigrant could avoid detention or removal.
• Penalties: Conviction results in up to 7 years in prison, fines (as per federal law), or both; plus mandatory removal or disqualification from public office.
• Enforcement (Section 3): The U.S. Attorney General has exclusive authority to investigate and prosecute cases. Federal district courts have original jurisdiction over related criminal proceedings.
• Definitions (Section 4):
• Sanctuary city: A city or local government that, through law, ordinance, policy, or practice, prohibits or restricts local police or agencies from sharing information with or complying with requests from federal immigration authorities (e.g., U.S. Immigration and Customs Enforcement detainer requests or warrants).
• Undocumented immigrant: A person in the U.S. without legal immigration status (per federal immigration law, 8 U.S.C. § 1101 et seq.).
• Mayor: The chief executive of a municipal government, whether elected or appointed.
• Severability (Section 5): If any part of the law is ruled invalid, the rest remains in effect.
• Effective Date (Section 6): Takes effect 90 days after enactment.

Significant Changes to Existing Law

• Introduces a novel federal criminal statute targeting local elected officials for negligence linked to immigration policies, which does not exist in current U.S. law. Previously, sanctuary policies were challenged mainly through civil lawsuits or funding restrictions (e.g., under laws like 8 U.S.C. § 1373), but this creates direct personal criminal penalties for mayors, shifting liability from cities to individuals.
• Expands federal oversight into local governance by defining and penalizing "sanctuary" practices as potential contributors to crimes.

Potential Impacts

• Government Agencies: The Department of Justice gains new prosecutorial duties, potentially increasing workload and federal-local tensions. U.S. Immigration and Customs Enforcement (ICE) could see indirect benefits through enforced cooperation but faces definitional challenges in applying detainer requests.
• Citizens: May discourage sanctuary policies, potentially leading to more detentions and deportations of undocumented immigrants, affecting community trust in local law enforcement (e.g., reduced crime reporting by immigrants). Victims of crimes by undocumented immigrants or their families might gain a new avenue for accountability.
• International Relations: Minimal direct impact, but could indirectly strain ties with countries whose nationals are undocumented immigrants, as increased enforcement might lead to more deportations and diplomatic complaints about U.S. immigration practices.

Main Stakeholders Affected

• Mayors and Local Officials: Directly liable for prosecution and removal from office, particularly in cities with sanctuary policies (e.g., major urban areas like New York, San Francisco, or Los Angeles).
• Undocumented Immigrants: Face heightened risk of detention and removal if local policies change, potentially altering their safety and access to services.
• Local Governments and Law Enforcement: Municipalities may revise policies to avoid liability, impacting police-community relations and resource allocation for immigration compliance.
• Federal Government: Benefits the executive branch (e.g., DOJ, ICE) by strengthening immigration enforcement tools.
• Public Safety Advocates and Crime Victims: Could empower those seeking stricter immigration controls, while immigrant rights groups may oppose it as punitive.

Notable Legal, Constitutional, or Political Implications

• Legal: The "causation" standard (substantial risk from policy) may face challenges in proving foreseeability and direct links in court, requiring evidence that a specific policy enabled a crime. Exclusive federal enforcement could preempt state-level handling of related issues.
• Constitutional: Raises federalism concerns, as it interferes with states' and localities' rights to set their own policies (10th Amendment). Potential due process issues (5th/14th Amendments) if liability is seen as overly vague or punitive without clear intent. Equal protection questions may arise if it disproportionately targets certain cities or demographics.
• Political: Highly divisive, as it explicitly targets "sanctuary" jurisdictions often aligned with progressive immigration views; the bill's nickname ("ERIC ADAMS Act," referencing New York City's mayor) suggests partisan intent to pressure specific leaders. Could fuel national debates on immigration and local autonomy if enacted or litigated.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Carter, Earl L. "Buddy" [R-GA-1]

Recent Actions

• 2025-08-01: Referred to the House Committee on the Judiciary.
• 2025-08-01: Introduced in House
• 2025-08-01: Introduced in House

Bill Versions

• Establishing Responsibility for Illegals’ Crimes and Adding Deterrence and Accountability for Mayors’ Sanctuary Cities Act of 2025 — issued 2025-08-01 — PDF (4 pages)