No Special Immunity for Violating Our State Laws Act of 2026
- Bill Number
- H.R. 8862
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-05-15: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-18T22:21:44Z
AI-Generated Summary
Purpose
The legislation seeks to remove immunity from state prosecution for federal law enforcement officers who, while enforcing immigration laws, commit acts resulting in death or serious bodily injury to another person.
Key Provisions
- Amends Chapter 211 of title 18, United States Code, by adding a new section 3245.
- States that any person engaged in enforcing immigration laws (as defined in section 101 of the Immigration and Nationality Act) who causes death or serious bodily injury is not immune from state prosecution.
- Includes a clerical amendment to update the table of sections for Chapter 211.
Significant Changes to Existing Law
- Introduces an explicit waiver of immunity from state criminal prosecution for federal officers in immigration enforcement contexts involving death or serious bodily injury.
- Creates a new statutory provision (18 U.S.C. § 3245) that overrides prior protections that might have shielded such officers from state jurisdiction.
Potential Impacts
- Government agencies: Affects federal immigration enforcement bodies by exposing officers to state-level criminal proceedings in specified cases.
- Citizens: Allows states to pursue charges against officers on behalf of victims or their families for acts causing death or serious injury.
- International relations: May influence cases involving non-U.S. citizens subject to immigration enforcement, though the bill does not address this directly.
Main Stakeholders Affected
- Federal law enforcement officers performing immigration enforcement duties.
- State governments and prosecutors seeking to enforce their laws.
- Individuals harmed or their families in incidents involving such officers.
- Agencies responsible for immigration enforcement.
Notable Legal, Constitutional, or Political Implications
- Raises federalism issues by clarifying state authority to prosecute federal officers in limited circumstances.
- Could affect interpretations of officer immunity under federal law when state laws are implicated.
- Limited in scope to acts causing death or serious bodily injury during immigration enforcement.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Scanlon, Mary Gay [D-PA-5]
Cosponsors (2)
Rep. Tlaib, Rashida [D-MI-12], Rep. Johnson, Henry C. "Hank" [D-GA-4]
Recent Actions
- 2026-05-15: Referred to the House Committee on the Judiciary.
- 2026-05-15: Introduced in House
- 2026-05-15: Introduced in House
Bill Versions
- No Special Immunity for Violating Our State Laws Act of 2026 — issued 2026-05-15 — PDF (2 pages)