Shut Down Sanctuary Policies Act of 2026
- Bill Number
- H.R. 7640
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-03-12: Placed on the Union Calendar, Calendar No. 465.
- Last Updated
- 2026-06-11T23:26:44Z
AI-Generated Summary
Purpose This legislation aims to strengthen enforcement of federal immigration laws within the United States by requiring greater cooperation from state and local governments, restricting "sanctuary" policies that limit such cooperation, and imposing penalties for non-compliance.
Key Provisions
- Amends Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to affirm the right of federal, state, and local entities to share immigration status information, make inquiries, and assist in enforcement without restriction.
- Clarifies and expands the use of ICE detainers, allowing issuance based on probable cause criteria such as biometric matches, ongoing removal proceedings, prior removal orders, or reliable evidence of inadmissibility or deportability.
- Requires transfer of custody within 48 hours (up to 96 hours) for compliant detainers and prohibits transfers to non-compliant jurisdictions in certain cases.
- Establishes a private right of action for victims of specified crimes (murder, rape, felonies, or aggravated felonies) committed by individuals released due to non-compliance with detainers or sanctuary policies.
- Imposes funding restrictions on non-compliant states and localities, barring access to certain DOJ and DHS grants for up to one year or until compliance is certified.
- Provides legal protections, including removal to federal court, immunity from damages, and substitution of the federal government as defendant for compliant actions.
Significant Changes to Existing Law
- Updates existing cooperation rules to explicitly supersede conflicting state and local laws, ordinances, or policies.
- Broadens detainer authority beyond prior limits and adds new criteria for establishing probable cause.
- Introduces new liability protections and a federal private right of action not present in current statutes.
- Ties federal funding eligibility directly to compliance with immigration detainers and information-sharing requirements.
Potential Impacts
- Government agencies: Increases demands on DHS and ICE for processing detainers and may reduce funding for non-compliant state and local law enforcement.
- Citizens: Aims to enhance public safety by limiting releases of individuals subject to removal but could lead to more litigation and altered local policing practices.
- International relations: May affect diplomatic ties with countries whose nationals are more frequently detained or removed due to expanded enforcement.
Main Stakeholders Affected
- Federal agencies, including the Department of Homeland Security and Department of Justice.
- State and local governments and their law enforcement personnel.
- Non-governmental entities contracted for detention services.
- Individuals subject to immigration enforcement, including those with criminal convictions.
- Victims of crimes and their families who may pursue civil claims.
Notable Legal, Constitutional, or Political Implications
- Raises questions of federal preemption over state authority in immigration matters and potential challenges to funding conditions as coercive.
- Provides broad immunity and court removal provisions that could limit state court oversight.
- Introduces retroactive elements in the private right of action, allowing claims for offenses up to 10 years prior.
- Includes a severability clause to preserve remaining provisions if any part is invalidated.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Cline, Ben [R-VA-6], Rep. Nehls, Troy E. [R-TX-22], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Fry, Russell [R-SC-7], Rep. Tiffany, Thomas P. [R-WI-7]
Recent Actions
- 2026-03-12: Placed on the Union Calendar, Calendar No. 465.
- 2026-03-12: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-541.
- 2026-03-12: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-541.
- 2026-03-05: Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 11.
- 2026-03-05: Committee Consideration and Mark-up Session Held
- 2026-02-23: Referred to the House Committee on the Judiciary.
- 2026-02-23: Introduced in House
- 2026-02-23: Introduced in House
Bill Versions
- Shut Down Sanctuary Policies Act — issued 2026-02-23 — PDF (18 pages)
- Shut Down Sanctuary Policies Act of 2026 — issued 2026-03-12 — PDF (20 pages)