Freedom to Cooperate Act
- Bill Number
- H.R. 864
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-01-31: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-06-09T14:46:06Z
AI-Generated Summary
Purpose of the Legislation
The "Freedom to Cooperate Act" (H.R. 864) aims to affirm the federal government's exclusive authority over immigration law and policy. It seeks to prevent state or local laws—such as "sanctuary policies" (rules that limit cooperation with federal immigration enforcement)—from interfering with federal immigration efforts, ensuring full cooperation from state and local entities with federal agencies like the Department of Homeland Security (DHS).
Key Provisions
- Prohibition on State Restrictions (Amendments to 8 U.S.C. 1373):
- States cannot prohibit or restrict any federal, state, or local government entity, official, or personnel from complying with federal immigration laws or assisting federal law enforcement in enforcing them.
- States cannot block law enforcement from inquiring about an individual's immigration status (lawful or unlawful), notifying the federal government about individuals encountered, or responding to federal requests for immigration-related information.
- Updates references from the former Immigration and Naturalization Service to DHS.
- Clarifies that law enforcement is not required to report or arrest victims or witnesses of crimes.
- Authority for ICE Detainers (Amendments to 8 U.S.C. 1357(d)):
- DHS may issue a detainer (a formal request to hold someone for up to 48 hours, excluding weekends and holidays, or no more than 96 hours total) to federal, state, or local entities when there is probable cause to believe an arrested individual is inadmissible (barred from entering the U.S.) or deportable (removable from the U.S.).
- Probable cause is established through matches in federal databases, ongoing removal proceedings, final removal orders, voluntary statements, or other reasonable grounds.
- If a detainer is followed, DHS can take custody of the individual for transfer.
- Provides legal immunity (protection from lawsuits) for states, local governments, their officials, and contracted private detention facilities that comply with detainers, treating them as acting under federal authority.
- In any related lawsuits, the U.S. government is the proper defendant, except in cases of bad faith or mistreatment by state/local entities.
Significant Changes to Existing Law
- To 8 U.S.C. 1373 (Communication of Immigration Status): Replaces prior language that only addressed state/local restrictions on sharing information with federal authorities. The new version broadly prohibits any state restrictions on compliance, assistance, or inquiries related to immigration enforcement, expanding federal reach over local actions.
- To 8 U.S.C. 1357(d) (Detainers): Overhauls the detainer process by explicitly defining probable cause criteria (previously less detailed), setting firm time limits for custody transfer, and adding comprehensive immunity protections not present before. This shifts potential liability to the federal government and strengthens enforcement tools against non-cooperation.
Potential Impacts
- On Government Agencies: Enhances DHS and Immigration and Customs Enforcement (ICE) efficiency in deportations by mandating cooperation, potentially increasing federal workload but reducing reliance on voluntary local support. State and local law enforcement may face operational changes, such as mandatory data sharing.
- On Citizens and Residents: Could lead to more inquiries about immigration status during routine arrests (e.g., for traffic violations), affecting non-citizens and mixed-status families. Victims or witnesses of crimes are explicitly protected from immigration-related reporting.
- On International Relations: Minimal direct impact, but stronger U.S. interior enforcement might influence perceptions of U.S. immigration policy abroad, potentially straining ties with countries of origin for deportees.
Main Stakeholders Affected
- Federal Government: DHS and ICE benefit from expanded authority and reduced legal risks.
- State and Local Governments: Jurisdictions with sanctuary policies (e.g., cities or states limiting cooperation) face nullification of conflicting laws, compelling compliance and potential resource burdens.
- Law Enforcement Personnel: Officers at all levels must cooperate, with immunity for detainer compliance but accountability for misconduct.
- Immigrants and Communities: Undocumented individuals risk faster identification and detention; immigrant advocacy groups may see increased enforcement as a threat to community trust in local police.
- Private Detention Contractors: Gain legal protections when assisting with federal detainers.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the Supremacy Clause of the U.S. Constitution (Article VI), which prioritizes federal law over state law in areas like immigration. Provides clearer guidelines for detainers, potentially reducing court challenges over probable cause, but invites lawsuits from states claiming overreach into local policing.
- Constitutional: Balances federal authority with protections for crime victims, avoiding mandates that could infringe on due process rights (e.g., no forced arrests of witnesses). Immunity provisions may limit civil rights claims under laws like 42 U.S.C. § 1983 (which allows suits against officials for constitutional violations).
- Political: Likely to spark debate along partisan lines, with supporters viewing it as essential for border security and opponents arguing it undermines state autonomy and community policing. Could lead to federal funding conditions or conflicts in sanctuary-heavy areas, influencing elections and policy in immigration debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-01-31: Referred to the House Committee on the Judiciary.
- 2025-01-31: Introduced in House
- 2025-01-31: Introduced in House
Bill Versions
- Freedom to Cooperate Act — issued 2025-01-31 — PDF (7 pages)