No Sanctuary Cities Act of 2026
- Bill Number
- H.R. 7423
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-02-09: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-02-27T19:25:35Z
AI-Generated Summary
Purpose of the Legislation
The "No Sanctuary Cities Act of 2026" (H.R. 7423) aims to strengthen and clarify requirements for sharing information about individuals' immigration or citizenship status between state and local governments and federal immigration authorities. It seeks to prevent state or local policies—often called "sanctuary" policies—that limit this sharing, ensuring smoother cooperation in immigration enforcement.
Key Provisions
- Definitions:
- "Information" includes details like immigration or citizenship status, custody status, scheduled release dates, detention locations, and transfer details, as long as it is lawfully obtained for law enforcement, correctional, or custodial purposes.
- "Materially restrict" means any action that prohibits, delays, conditions, or penalizes the sharing of this information in a way that hinders timely transmission.
- Prohibition on Restrictive Policies: State or local governments cannot:
- Enact or enforce laws, rules, policies, or practices that block or limit sharing of the defined information with the Department of Homeland Security (DHS), other federal agencies, or state/local entities.
- Discipline, retaliate against, or take adverse employment actions against officials for lawfully sharing this information.
- Require advance approvals, supervisory sign-offs, or procedures that cause delays in sharing.
- Release Notification Requirements: Upon DHS request for a specific person:
- For scheduled releases (e.g., end of sentence) at least 48 hours in advance, notification must occur no later than 48 hours before release.
- For unscheduled releases (e.g., court-ordered), immediate notification is required, and the state or local entity must hold the person in custody for up to 48 hours to allow DHS to take over.
- Federal Response Obligation: DHS must reply to inquiries from federal, state, or local agencies about an individual's citizenship or immigration status for any lawful purpose.
- Immunity for Officers: State or local law enforcement officers acting under these rules (e.g., sharing info, detaining, or transferring individuals to federal custody) receive the same personal liability protection as federal officers.
- Enforcement Mechanisms:
- The U.S. Attorney General can file lawsuits in federal court for declaratory (clarifying rights) or injunctive (stopping violations) relief to ensure compliance.
- States or localities found in knowing violation by a court may lose eligibility for Department of Justice (DOJ) grants related to law enforcement, as decided by the Attorney General.
- Severability: If any part of the act is ruled invalid by a court, the rest remains in effect.
Significant Changes to Existing Law
This bill fully replaces Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, codified at 8 U.S.C. 1373), which previously required state and local governments to share immigration status information but lacked detailed definitions, explicit prohibitions on restrictive policies, mandatory release notifications with hold periods, officer immunity provisions, and specific enforcement tools like grant ineligibility. The new version expands and strengthens these mandates to close perceived gaps in cooperation.
Potential Impacts
- On Government Agencies: Federal agencies like DHS and DOJ gain enhanced tools for enforcement, including faster access to data and the ability to withhold funding from non-compliant states or cities. State and local law enforcement may face increased administrative burdens and risks of lawsuits or lost grants.
- On Citizens and Residents: U.S. citizens and legal residents are unlikely to be directly affected, as the focus is on immigration status verification. However, undocumented immigrants or those in removal proceedings could face quicker federal detention and deportation due to improved information flow and hold requirements.
- On International Relations: Minimal direct impact, though it could indirectly affect U.S. relations with countries whose nationals are subject to heightened enforcement, potentially influencing diplomatic discussions on migration.
Main Stakeholders Affected
- State and Local Governments: Directly bound by prohibitions on sanctuary policies; risk financial penalties via lost DOJ grants.
- Federal Agencies (DHS and DOJ): Benefit from mandatory cooperation and enforcement authority.
- Law Enforcement Officers: Protected by immunity but required to comply with sharing and notification rules.
- Immigrants (Particularly Undocumented Individuals): More vulnerable to identification, detention, and transfer to federal custody.
- Courts: May see increased litigation over compliance and constitutionality.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens federal immigration enforcement by overriding state/local barriers, but could lead to lawsuits challenging the 48-hour hold requirement as potentially violating due process (fair legal procedures) or habeas corpus (right to challenge detention). The severability clause helps preserve the law if parts are struck down.
- Constitutional Implications: Raises federalism concerns, as it limits states' rights to set their own policies (under the 10th Amendment), potentially conflicting with anti-commandeering principles from Supreme Court cases like Printz v. United States (1997), which prohibit federal mandates on state officials. Officer immunity aligns with federal protections but may expand liability shields.
- Political Implications: Positions the bill as a tool against "sanctuary jurisdictions," likely sparking partisan debate on immigration control versus local autonomy, with potential for broader effects on federal funding and intergovernmental relations.
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
- 2026-02-09: Referred to the House Committee on the Judiciary.
- 2026-02-09: Introduced in House
- 2026-02-09: Introduced in House
Bill Versions
- No Sanctuary Cities Act of 2026 — issued 2026-02-09 — PDF (5 pages)