(1) The Constitution clearly establishes a sys-
tem of dual sovereignty in which the Federal Gov-
ernment and the States retain distinct and inde-
pendent spheres of authority, including primary re-
sponsibility for the organization, administration, and 
supervision of State and local government employ-
ees. 
(2) Under Supreme Court precedent, including 
New York v. United States (1992), Printz v. United 
States (1997), and Murphy v. NCAA (2018), the 
Federal Government may not compel States or polit-
ical subdivisions to administer or enforce Federal 
regulatory programs. It also may not prohibit States 
from controlling their internal governmental oper-
ations. 
(3) Section 642 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1373) threatens the ability of State and local 
governments to establish policies governing the re-
ceipt, use, and disclosure of information by their 
own public institutions, intruding into areas of tradi-
tional State and local authority. 
(4) State and local governments have a sub-
stantial interest in fostering trust between residents 
and public institutions, including law enforcement, 
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to promote public safety, emergency response, and 
community engagement. 
(5) Many interactions between individuals and 
State or local agencies occur for purposes completely 
unrelated to Federal immigration enforcement, and 
information sharing in such contexts may undermine 
the effectiveness of those governmental functions. 
(6) The Federal Government retains exclusive 
authority over civil immigration enforcement and 
possesses independent tools and resources to enforce 
Federal immigration law without trying to regulate 
State or local governments. 
(7) A repeal of section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1373) would not limit the Federal 
Government’s authority to enforce Federal immigra-
tion law or to obtain information through means 
otherwise authorized by law. 
(8) Section 642 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1373) has generated legal uncertainty and 
litigation concerning its constitutionality and its 
interaction with Federal grant programs, imposing 
administrative and financial burdens on State and 
local governments. 
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(9) Effective governance is best achieved when 
responsibility for Federal law enforcement remains 
with Federal authorities and responsibility for State 
and local government remains with State and local 
officials accountable to their residents. 
(10) The purpose of repealing section 642 of 
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373) is to re-
store constitutional balance, reduce legal ambiguity, 
and respect State and local control over internal gov-
ernmental operations. 
(11) That nothing in this Act shall be con-
strued to prohibit or restrict any State or unit of 
local government from communicating, cooperating, 
or sharing information with a Federal immigration 
authority, consistent with applicable State or local 
law or otherwise limit the authority of the Federal 
Government to enforce the immigration laws (as 
such term is defined under section 101 of the Immi-
gration and Nationality Act (8 U.S.C. 1101)). 
(b) REPEAL.—Section 642 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1373) is repealed. 
Æ 
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