RECOUP Act of 2026
- Bill Number
- H.R. 8223
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-04-10: Referred to the Subcommittee on Border Security and Enforcement.
- Last Updated
- 2026-05-19T22:33:29Z
AI-Generated Summary
H.R. 8223: Recovering Expended Costs from Operationally Unwarranted Policing Act of 2026 (RECOUP Act of 2026)
Purpose
This bill requires the Secretary of Homeland Security to reimburse state and local first responder agencies (such as police, fire, or emergency medical services) for costs incurred when they assist U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) in enforcing immigration laws.
Key Provisions
- Reimbursement Requirement: The Secretary must pay for any response by state or local first responders to ICE or CBP requests for help with immigration enforcement activities, as defined under the Immigration and Nationality Act.
- Reimbursement Process:
- If feasible, ICE or CBP officers collect basic information (name, badge number, agency details) from responders at the scene.
- Proactive Reimbursement (no agency request needed): Within 30 days of the response, the Secretary requests cost details from the agency and reimburses within another 30 days.
- Agency-Submitted Request: If no on-scene info is collected, the agency can submit a claim within details like date, location, responder hours, and pay rates; reimbursement due within 30 days unless no response occurred.
- Privacy Protection: Personally identifiable information of first responders cannot be released except by court order.
- Funding: Uses unobligated funds already appropriated to ICE or CBP under Public Law 119-21 ("One Big Beautiful Bill Act"), available until January 20, 2029.
Significant Changes to Existing Law
- Introduces a new federal mandate for DHS to automatically reimburse state and local agencies for immigration-related assistance costs, with no prior equivalent requirement identified in current law.
- Shifts financial responsibility from local taxpayers to federal DHS budgets.
Potential Impacts
- Government Agencies: DHS (via ICE/CBP) faces new administrative duties and payouts from existing funds, potentially straining budgets if responses are frequent. State/local first responder agencies gain financial relief, easing local budget pressures.
- Citizens: Local communities benefit from reduced costs for first responders; federal taxpayers indirectly fund reimbursements through DHS allocations.
- International Relations: No direct impact noted.
Main Stakeholders Affected
- State and Local First Responder Agencies: Primary beneficiaries, receiving reimbursements.
- DHS, ICE, and CBP: Responsible for collecting data, processing claims, and making payments.
- Federal Taxpayers: Fund the reimbursements via prior appropriations.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes strict timelines and processes for claims, with limited discretion for denial (only if no response occurred); strengthens privacy protections for responders.
- Constitutional: Involves federal spending on state/local activities, aligning with Congress's spending power but potentially raising questions on federal mandates without new appropriations (uses existing funds).
- Political: Bill's title implies criticism of federal immigration operations as "operationally unwarranted," signaling debate over burden-sharing in enforcement; referred to Judiciary, Homeland Security, and Ways and Means Committees for review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Ivey, Glenn [D-MD-4], Rep. Goldman, Daniel S. [D-NY-10], Rep. McCollum, Betty [D-MN-4]
Recent Actions
- 2026-04-10: Referred to the Subcommittee on Border Security and Enforcement.
- 2026-04-10: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
- 2026-04-09: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-09: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-09: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-09: Introduced in House
- 2026-04-09: Introduced in House
Bill Versions
- Recovering Expended Costs from Operationally Unwarranted Policing Act of 2026 — issued 2026-04-09 — PDF (4 pages)