Sanctuary Penalty and Public Protection Act of 2025

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by inserting after section 642 (8 U.S.C. 1373) the following new section:

Not later than 90 days after the date of the enactment of this section, the Secretary of Homeland Security, acting through the Director of U.S. Immigration and Customs Enforcement, and the Attorney General shall jointly develop, update not less frequently than quarterly, and make publicly available a database of each State or local government entity the Secretary and Attorney General jointly determine to have a law, regulation, policy, or practice that—

(1) is in conflict with, or in violation of, as the case may be—

(A) subsection (a) or (b) of section 642;

(B) section 274(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(iii)); or

(C) section 277 of such Act (8 U.S.C. 1327);

(2) prohibits or restricts—

(A) State or local law enforcement agencies from complying with a detainer issued by the Secretary under section 236(c)(3) of such Act (8 U.S.C. 1226(c)(3)), with respect to an alien in the custody of such a law enforcement agency; or

(B) State or local law enforcement officials from arresting or detaining individuals described in section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c), as authorized under such section; or

(3) prohibits the Secretary or the Attorney General, as the case may be, from interviewing an incarcerated individual to determine whether the individual is—

(A) an alien and, if so, whether the individual is lawfully present in the United States; or

(B) suspected of being involved in a crime.

A State or local government entity included in the database under subsection (a) shall be referred to as a sanctuary jurisdiction.

Federal funds made available after the date of the enactment of this section may not be obligated or expended with respect to a sanctuary jurisdiction.

The table of contents in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by inserting after the item relating to section 642 the following new item: