Bill · H.R. 864· House(119-HR-864)
Freedom to Cooperate Act
- Introduced
- 1/31/2025
- Last activity
- 1/31/2025 — Referred to the House Committee on the Judiciary.
- Sponsored by
- Kevin Kiley
- Cosponsors
- None
- Introduced
- In Committee
What this bill would do
The "Freedom to Cooperate Act" aims to clarify Federal Government jurisdiction over immigration law and policy. It seeks to prevent State laws or sanctuary policies from hindering local law enforcement's ability to comply with or assist in Federal immigration enforcement. The bill amends existing law to ensure no State can restrict entities or officials from inquiring about or notifying the Federal Government regarding an individual's immigration status. Additionally, it clarifies the authority of the Secretary of Homeland Security to issue detainers for inadmissible or deportable aliens. It also establishes specific criteria for establishing probable cause for such detainers and provides immunity for officials complying with them.
Yes
Does this tighten control of the border?+6
The bill enhances federal immigration enforcement by facilitating cooperation between local law enforcement and the Department of Homeland Security.
The opposite· 3 of 5
Does this leave more decisions to the states?-7
The bill limits the authority of states to enact sanctuary policies or restrict cooperation with federal immigration authorities.
Would immigrants be better off under this?-6
The bill increases the likelihood of detention and removal through expanded detainer powers and information sharing requirements.
Would Hispanic Americans be better off under this?-5
The expansion of detainer authority and increased information sharing may negatively impact Hispanic communities.
Who it would affect, and how
Potential Positive Impacts for People
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Protection for Law Enforcement Cooperation: The bill intends to ensure that State laws or sanctuary policies do not prevent local law enforcement from cooperating with Federal agencies regarding immigration enforcement provisions (Section 2(a)).
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Information Sharing: It allows law enforcement to make inquiries, notify the Federal Government of an individual's presence, and comply with Federal requests regarding immigration status without being restricted by State or local law (Section 2(b)(2)).
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Legal Immunity for Officials: State, local, and contracted nongovernmental entities are held harmless from suits seeking punitive, compensatory, or other monetary damages when complying with a Department of Homeland Security detainer (Section 3(4)(A)).
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Clearer Liability Standards: In civil actions arising from compliance with a detainer, the United States Government is named as the proper defendant (Section 3(4)(B)).
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Protection for Crime Victims: The law specifically states that nothing in the section requires law enforcement to report or arrest victims or witnesses of a criminal offense (Section 2(b)(4)).
Potential Negative Impacts for People
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Increased Detainer Authority: The Secretary of Homeland Security can issue a detainer if there is probable cause, which can be established through biometric confirmation, ongoing removal proceedings, previous removal orders, or voluntary statements (Section 3(2)).
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Transfer of Custody: Individuals subject to a detainer may be held by the Department of Homeland Security for a period of up to 96 hours after their scheduled release from local custody (Section 3(3)).
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Liability Exceptions: The immunity provided to State and local officials does not apply to any mistreatment of an individual (Section 3(4)(C)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Immigrants-6Good For Hispanic Americans-5Good For Low Income Households-3
- Governance And Ideology
- Increase States Rights-7
- Social Issues And Justice
- Improves Border Security+6Improves Pathway To Citizenship-4
- 1/31/2025
- Referred to the House Committee on the Judiciary.
- Introduced in House