End Sanctuary Cities Act of 2026
- Bill Number
- S. 3805
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-02-10: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 318.
- Last Updated
- 2026-03-09T17:42:26Z
AI-Generated Summary
Purpose
The "End Sanctuary Cities Act of 2026" aims to strengthen federal immigration enforcement by making it a federal crime for certain state or local government officials to block or limit cooperation with requests from the Department of Homeland Security (DHS) for advance notice about the release of non-citizens who have been charged with or convicted of crimes (referred to as "criminal aliens"). This targets policies in so-called "sanctuary cities" that restrict such cooperation.
Key Provisions
- New Criminal Offense (18 U.S.C. § 1925): Adds a section to federal criminal law prohibiting "responsible executive officials" (the highest-ranking state or local officials overseeing relevant laws, policies, or actions) from knowingly restricting compliance with DHS requests for "reasonable advance notice" (typically at least 48 hours, unless impossible) of a criminal alien's release from custody.
- Definitions:
- Criminal alien: A non-citizen (as defined under immigration law) charged with or convicted of any federal or state crime.
- Reasonable advance notice: Early notification of a criminal alien's scheduled release date and time.
- Serious violent felony: Defined under existing federal law as certain severe crimes like murder or aggravated assault.
- Federal/State sex offense: Specific sexual crimes under federal or state law, with added focus on offenses against minors (individuals under 18).
- Other terms align with existing immigration and crime statutes for consistency.
- Penalties for Violations (if the action leads to a criminal alien's release):
- For releases involving murder, rape, or sex offenses against minors: Fine, imprisonment for 10–25 years, or both.
- For releases involving serious violent felonies: Fine, imprisonment for 5–10 years, or both.
- For other criminal offenses: Fine, imprisonment for 30 days to 6 months, or both.
- Severability Clause: If any part of the law is ruled invalid, the rest remains in effect.
- Technical Update: Adds the new section to the table of contents in the U.S. criminal code.
Significant Changes to Existing Law
- Introduces a new federal crime under Chapter 93 of Title 18 (public officers and employees) specifically targeting obstruction of immigration enforcement through non-cooperation on detentions.
- Builds on existing immigration laws (like the Immigration and Nationality Act) by criminalizing state or local policies that ignore DHS detainer requests (formal holds on individuals in custody for potential immigration action).
- No prior federal law directly imposes criminal penalties on officials for this type of interference; previously, responses were limited to funding cuts or civil measures.
Potential Impacts
- On Government Agencies: Enhances DHS's ability to detain and deport criminal aliens by ensuring timely notifications, potentially reducing administrative burdens and improving coordination with state/local jails.
- On Citizens: Could increase public safety by preventing the release of non-citizens convicted of serious crimes without federal review, though it may strain local resources if cooperation becomes mandatory.
- On State and Local Governments: Forces policy changes in jurisdictions with sanctuary practices, risking federal prosecutions for non-compliant officials and possible loss of flexibility in managing local law enforcement.
- On International Relations: Minimal direct impact, as it focuses on domestic enforcement of U.S. immigration laws without altering treaties or foreign policy.
Main Stakeholders Affected
- State and Local Officials: Responsible executives (e.g., governors, mayors, or sheriffs) who could face personal criminal liability for non-cooperation.
- Federal Immigration Authorities: DHS benefits from stronger enforcement tools to locate and remove criminal aliens.
- Criminal Aliens: Non-citizens in custody for crimes may face quicker federal intervention, affecting their detention and deportation processes.
- Local Communities and Citizens: Residents in sanctuary areas could see changes in policing and immigration interactions, with potential benefits for crime victims but concerns over trust in local law enforcement.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates enforceable criminal penalties for actions previously handled through incentives or civil enforcement, potentially leading to more federal court cases testing the scope of "knowing" interference.
- Constitutional: Raises questions under the 10th Amendment (which reserves powers to states) about federal intrusion into state criminal justice systems, as it could be seen as compelling local officials to assist federal immigration efforts (similar to debates in past Supreme Court cases on immigration federalism).
- Political: Likely to spark debate over states' rights versus national security, with support from those prioritizing immigration enforcement and opposition from advocates for local autonomy and immigrant rights; the bill's title directly challenges "sanctuary" policies, signaling a partisan focus on border security.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Cornyn, John [R-TX], Sen. Kennedy, John [R-LA]
Recent Actions
- 2026-02-10: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 318.
- 2026-02-09: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- 2026-02-09: Introduced in Senate
Bill Versions
- End Sanctuary Cities Act of 2026 — issued 2026-02-10 — PDF (6 pages)