UPLIFT Act

Summary · Congressional Research Service (nonpartisan)

This bill requires additional cooperation from state and local governments in federal immigration enforcement. Under current law, state and local governments are prohibited from implementing a ban on or in any way restricting the sharing of information regarding an individual’s immigration status with federal agencies. The bill expands the prohibition to include any ban or restriction on complying with federal immigration laws or policies or on assisting or cooperating with federal law enforcement. Additionally, state and local governments may not prohibit (1) inquiring about the immigration status of an individual who is suspected of involvement in a crime, (2) notifying the federal government of certain encounters, and (3) complying with federal requests for such information. The bill also expands the standard for the issuance of a detainer by the Department of Homeland Security (DHS). Under the bill, DHS may issue a detainer for an individual who is arrested on criminal charges or for a motor vehicle violation (currently, for drug violations) if DHS has probable cause that the individual is inadmissible or deportable. Probable cause may be established through methods including an identification match, voluntary statements made, or through other means. Federal immunity is also generally extended to state and local officials and government contractors who comply with a DHS detainer. The bill also allows legal challenges against (1) state governments and local governments brought by certain crime victims, and (2) state governments brought by local jurisdictions.