States would risk federal payments for blocking routine immigration cooperation

States and local governments would report suspected immigration violations and lose certain federal payments if they block routine immigration cooperation. Reports would cover apprehended noncitizens believed to have broken immigration laws. The funding penalty would cover government rules or practices that prohibit cooperation during routine police duties. Neither rule would require officers to report crime victims or witnesses. The cooperation rule would not require officers to arrest crime victims or witnesses. The funding penalty would begin one year after enactment.

Customs and Border Protection would send information it holds about covered noncitizens for entry into a national police database. This covers people with final deportation orders, signed agreements to leave voluntarily, expired authorized stays, or revoked visas. Entries would be required even if the person had not received notice of a final deportation order, had already been deported, or lacked enough identifying information. Customs and Border Protection would provide the information within 180 days after enactment and send updates as needed.

Homeland Security would build or acquire 20 detention facilities and arrange custody transfers requested by state or local officials. The transfer rules cover noncitizens who entered improperly, broke the rules of their immigration status, or failed to leave as required. Instead of taking custody directly, Homeland Security could ask local officers to hold or transport the person for federal transfer. Homeland Security would repay reasonable local detention and transport costs that it approves. Direct federal pickup would be required within 48 hours after local charging or dismissal ends, or after apprehension if neither process is needed.

State and local police agencies would receive protection against civil-rights claims seeking money, and officers would receive protection from personal liability. The agency protection would cover incidents arising from enforcement of federal immigration laws. Agency protection would not apply when an officer committed a federal, state, or local crime while enforcing immigration laws. An officer’s personal protection would match that of a federal officer and apply only while performing covered official duties.

Homeland Security would run a prison deportation program in every state, and state or local officers could hold certain noncitizens after their sentences. The up-to-14-day option would cover noncitizens who completed a state prison sentence and can be deported or lack lawful immigration status. States receiving federal money for holding noncitizens convicted of crimes would have to cooperate with the program, identify those prisoners, and promptly share their information. A separate hold order could keep a noncitizen in state prison until federal immigration officers take custody. The separate hold order would last until federal pickup, with no deadline stated for that option.