Clarifying the authority of ice detainers

Section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)) is amended to read as follows: (d) Detainer of inadmissible or deportable aliens (1) In general In the case of an individual who is arrested by any Federal, State, or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law, the Secretary of Homeland Security shall issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official, or other personnel if the Secretary has probable cause to believe that the individual is an inadmissible or deportable alien. (2) Probable cause Probable cause is established if any of the following criteria is met: (A) The individual who is the subject of the detainer matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary has reasonable grounds to believe to be inadmissible or deportable. (B) The individual who is the subject of the detainer is the subject of ongoing removal proceedings, including matters in which a charging document has been served. (C) The individual who is the subject of the detainer has previously been ordered removed from the United States and such an order is administratively final. (D) The individual who is the subject of the detainer has made voluntary statements to an immigration officer or there is other reliable evidence that affirmatively indicates that the individual is an inadmissible or deportable alien. (E) The Secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien. (3) Transfer of custody If the Federal, State, or local law enforcement entity, official, or other personnel to whom a detainer is issued complies with the detainer and detains for purposes of transfer of custody to the Department of Homeland Security the individual who is the subject of the detainer, the Department may take custody of the individual within 48 hours (excluding weekends and holidays), but in no instance more than 96 hours, following the date that the individual is otherwise to be released from the custody of the relevant Federal, State, or local law enforcement entity. (4) Removal A civil action or criminal prosecution that is commenced in a State court and that is against or directed to a State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section that temporarily holds an alien in their custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the Department of Homeland Security may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending or to the district court of the United States for the district and division in which the defendant was served with process. (5) Immunity A State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section that temporarily holds an alien in their custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the Department of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining their liability and shall be held harmless for their compliance with the detainer in any suit seeking any punitive, compensatory, or other monetary damages. (6) Federal Government as defendant Following removal of any civil action arising out of the compliance with a Department of Homeland Security detainer by a State or local government (and the officials and personnel of the State or local government acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention, the United States Government shall be substituted as the party defendant in the suit in regard to the detention resulting from compliance with the detainer. (7) Mistreatment exception Paragraphs (5) and (6) shall not apply for claims the district court determines arose from any mistreatment of an individual by a State or a local government (and the officials and personnel of the State or local government acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention. (8) Contrary laws superseded The provisions under this section shall supersede any and all State and local laws, ordinances, regulations, and policies that directly or indirectly prohibit or restrict, in whole or in part, the activities described in such section. (9) Private right of action (A) Cause of action Any individual, or a spouse, parent, or child of that individual (if the individual is deceased), who is the victim of a murder, rape, any felony (as such terms are defined by the prosecuting jurisdiction), or any aggravated felony (as defined in section 101(a)(43)) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), for which an alien has been convicted may bring an action against a State or local government (or public official acting in an official capacity) in the appropriate Federal court if the State or local government, except as provided in subparagraphs (B) and (D)— (i) released the alien from custody prior to the commission of such crime as a consequence of the State or local government declining to honor a detainer issued pursuant to paragraph (1); (ii) has in effect a statute, policy, or practice not in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) and as a consequence of its statute, policy, or practice, released the alien from custody prior to the commission of such crime; or (iii) has in effect a statute, policy, or practice requiring a subordinate local government to decline to honor any or all detainers issued pursuant to paragraph (1) and as a consequence of its statute, policy, or practice, the subordinate local government declined to honor a detainer issued pursuant to such section and released the alien from custody prior to the commission of such crime. (B) Exception Subparagraph (A) shall not apply to any individual who committed an offense described in such subparagraph. (C) Limitation on bringing action An action may not be brought under this paragraph later than the date that is 10 years following the commission of the crime, or death of a person as a result of such crime, whichever occurs later. (D) Proper defendant If a subordinate local government— (i) declines to honor a detainer issued pursuant to paragraph (1) as a consequence of a prohibition imposed on that subordinate local government by a State or another local government with jurisdiction over the subordinate local government that prohibits the subordinate local government from honoring the detainer or fully complying with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); and (ii) as a consequence of the statute or other legal requirement of the State or local government, the subdivision released the alien referred to in subparagraph (A) from custody prior to the commission of the crime referred to in that paragraph, the State or other local government that imposed the prohibition shall be the proper defendant in a cause of action under this subsection, and no such cause of action may be maintained against the local government that declined to honor the detainer. (E) Attorney’s fees and other costs In any action or proceeding under this paragraph, the court shall award a prevailing plaintiff a reasonable attorney’s fee and a reasonable expert fee as part of the costs..

Section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)) is amended to read as follows: (d) Detainer of inadmissible or deportable aliens (1) In general In the case of an individual who is arrested by any Federal, State, or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law, the Secretary of Homeland Security shall issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official, or other personnel if the Secretary has probable cause to believe that the individual is an inadmissible or deportable alien. (2) Probable cause Probable cause is established if any of the following criteria is met: (A) The individual who is the subject of the detainer matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary has reasonable grounds to believe to be inadmissible or deportable. (B) The individual who is the subject of the detainer is the subject of ongoing removal proceedings, including matters in which a charging document has been served. (C) The individual who is the subject of the detainer has previously been ordered removed from the United States and such an order is administratively final. (D) The individual who is the subject of the detainer has made voluntary statements to an immigration officer or there is other reliable evidence that affirmatively indicates that the individual is an inadmissible or deportable alien. (E) The Secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien. (3) Transfer of custody If the Federal, State, or local law enforcement entity, official, or other personnel to whom a detainer is issued complies with the detainer and detains for purposes of transfer of custody to the Department of Homeland Security the individual who is the subject of the detainer, the Department may take custody of the individual within 48 hours (excluding weekends and holidays), but in no instance more than 96 hours, following the date that the individual is otherwise to be released from the custody of the relevant Federal, State, or local law enforcement entity. (4) Removal A civil action or criminal prosecution that is commenced in a State court and that is against or directed to a State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section that temporarily holds an alien in their custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the Department of Homeland Security may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending or to the district court of the United States for the district and division in which the defendant was served with process. (5) Immunity A State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section that temporarily holds an alien in their custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the Department of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining their liability and shall be held harmless for their compliance with the detainer in any suit seeking any punitive, compensatory, or other monetary damages. (6) Federal Government as defendant Following removal of any civil action arising out of the compliance with a Department of Homeland Security detainer by a State or local government (and the officials and personnel of the State or local government acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention, the United States Government shall be substituted as the party defendant in the suit in regard to the detention resulting from compliance with the detainer. (7) Mistreatment exception Paragraphs (5) and (6) shall not apply for claims the district court determines arose from any mistreatment of an individual by a State or a local government (and the officials and personnel of the State or local government acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or local government for the purpose of providing detention. (8) Contrary laws superseded The provisions under this section shall supersede any and all State and local laws, ordinances, regulations, and policies that directly or indirectly prohibit or restrict, in whole or in part, the activities described in such section. (9) Private right of action (A) Cause of action Any individual, or a spouse, parent, or child of that individual (if the individual is deceased), who is the victim of a murder, rape, any felony (as such terms are defined by the prosecuting jurisdiction), or any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), for which an alien has been convicted may bring an action for compensatory damages against a State or local government (or public official acting in an official capacity) in the appropriate Federal court if the State or local government, except as provided in subparagraphs (B) and (D)— (i) released the alien from custody prior to the commission of such crime as a consequence of the State or local government declining to honor a detainer issued pursuant to paragraph (1); (ii) has in effect a statute, policy, or practice not in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) and as a consequence of its statute, policy, or practice, released the alien from custody prior to the commission of such crime; or (iii) has in effect a statute, policy, or practice requiring a subordinate local government to decline to honor any or all detainers issued pursuant to paragraph (1) and as a consequence of its statute, policy or practice, the subordinate local government declined to honor a detainer issued pursuant to such section and released the alien from custody prior to the commission of such crime. (B) Exception Subparagraph (A) shall not apply to any individual who committed an offense described in such subparagraph. (C) Limitation on bringing action An action may not be brought under this paragraph later than the date that is 10 years following the commission of the crime, or death of a person as a result of such crime, whichever occurs later. (D) Proper defendant If a subordinate local government— (i) declines to honor a detainer issued pursuant to paragraph (1) as a consequence of a prohibition imposed on that subordinate local government by a State or another local government with jurisdiction over the subordinate local government that prohibits the subordinate local government from honoring the detainer or fully complying with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); and (ii) as a consequence of the statute or other legal requirement of the State or local government, the subdivision released the alien referred to in subparagraph (A) from custody prior to the commission of the crime referred to in that paragraph, the State or other local government that imposed the prohibition shall be the proper defendant in a cause of action under this subsection, and no such cause of action may be maintained against the local government that declined to honor the detainer. (E) Attorney’s fees and other costs In any action or proceeding under this paragraph, the court shall award a prevailing plaintiff a reasonable attorney’s fee and a reasonable expert fee as part of the costs. (F) Retroactivity Subject to the limitation in subparagraph (C), an action under subparagraph (A) may be brought with respect to an offense described in such subparagraph (A)— (i) committed not earlier than 10 years before the date of enactment of the Shut Down Sanctuary Policies Act of 2026; or (ii) committed on or after the date of enactment of the Shut Down Sanctuary Policies Act of 2026..