Freedom to Cooperate Act

In as much as Federal law takes precedence over State laws in the enactment, implementation, and administration of immigration policy, it is the intent of Congress that State laws, regulations, or executive directives regarding sanctuary policies should not hinder the ability of local law enforcement to comply with Federal immigration enforcement provisions, including full cooperation with Federal agencies.

Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended—

(1) by striking subsection (a) and inserting the following:

Notwithstanding any other provision of Federal, State, or local law, no State may prohibit, or in any way restrict, a Federal, State, or local government entity, official, or other personnel from complying with the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from assisting or cooperating with Federal law enforcement entities, officials, or other personnel regarding the enforcement of the immigration laws.

(2) by striking subsection (b) and inserting the following:

Notwithstanding any other provision of Federal, State, or local law, no State may prohibit, or in any way restrict, a Federal, State, or local government entity, official, or other personnel from undertaking any of the following law enforcement activities as they relate to information regarding the immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status, of any individual:

(1) Making inquiries to any individual in order to obtain such information regarding such individual or any other individual.

(2) Notifying the Federal Government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a State or local government.

(3) Complying with requests for such information from Federal law enforcement entities, officials, or other personnel.

(3) in subsection (c), by striking Immigration and Naturalization Service and inserting Department of Homeland Security; and

(4) by adding at the end the following:

Nothing in this section shall require law enforcement officials from States to report or arrest victims or witnesses of a criminal offense.

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 may issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official, or other personnel if the Secretary of Homeland Security has probable cause to believe that the individual is an inadmissible or deportable alien.

Probable cause is deemed to be established if—

(A) the individual who is the subject of the detainer—

(i) matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary of Homeland Security has reasonable grounds to believe to be inadmissible or deportable;

(ii) is the subject of ongoing removal proceedings, including matters where a charging document has already been served;

(iii) has previously been ordered removed from the United States and such an order is administratively final; or

(iv) has made voluntary statements or provided reliable evidence that indicate that the alien is an inadmissible or deportable alien; or

(B) the Secretary of Homeland Security otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien.

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.

A State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section who temporarily holds an alien in its 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.

In any civil action arising out of the compliance with a Department of Homeland Security detainer by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, the United States Government shall be the proper party named as the defendant in the suit in regard to the detention resulting from compliance with the detainer.

Subparagraphs (A) and (B) shall not apply to any mistreatment of an individual by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention.