I 
119TH CONGRESS 
1ST SESSION 
H. R. 864 
To clarify the Federal Government’s jurisdiction over immigration law and 
policy. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 31, 2025 
Mr. KILEY of California introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To clarify the Federal Government’s jurisdiction over 
immigration law and policy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Freedom to Cooperate 
Act’’. 
SEC. 2. NULLIFYING CONTRADICTORY STATE LAWS ON IM-
MIGRATION AND SANCTUARY POLICIES THAT 
LACK STANDING. 
(a) CONGRESSIONAL INTENT.—In as much as Fed-
eral law takes precedence over State laws in the enact-
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ment, implementation, and administration of immigration 
policy, it is the intent of Congress that State laws, regula-
tions, 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. 
(b) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal, State, or local law, no State may pro-
hibit, or in any way restrict, a Federal, State, or local gov-
ernment 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: 
‘‘(b) LAW
ENFORCEMENT
ACTIVITIES.—Notwith-
standing any other provision of Federal, State, or local 
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law, no State may prohibit, or in any way restrict, a Fed-
eral, State, or local government entity, official, or other 
personnel from undertaking any of the following law en-
forcement activities as they relate to information regard-
ing the immigration status, lawful or unlawful, the inad-
missibility 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 regard-
ing 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 informa-
tion from Federal law enforcement entities, officials, 
or other personnel.’’; 
(3) in subsection (c), by striking ‘‘Immigration 
and Naturalization Service’’ and inserting ‘‘Depart-
ment of Homeland Security’’; and 
(4) by adding at the end the following: 
‘‘(d) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States to report or 
arrest victims or witnesses of a criminal offense.’’. 
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SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 
Section 287(d) of the Immigration and Nationality 
Act (8 U.S.C. 1357(d)) is amended to read as follows: 
‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 
ALIENS.— 
‘‘(1) IN GENERAL.—In the case of an individual 
who is arrested by any Federal, State, or local law 
enforcement official or other personnel for the al-
leged violation of any criminal or motor vehicle law, 
the Secretary may issue a detainer regarding the in-
dividual to any Federal, State, or local law enforce-
ment entity, official, or other personnel if the Sec-
retary of Homeland Security has probable cause to 
believe that the individual is an inadmissible or de-
portable alien. 
‘‘(2) PROBABLE
CAUSE.—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 rea-
sonable grounds to believe to be inadmis-
sible or deportable; 
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‘‘(ii) is the subject of ongoing removal 
proceedings, including matters where a 
charging 
document 
has 
already 
been 
served; 
‘‘(iii) has previously been ordered re-
moved 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 deport-
able alien; or 
‘‘(B) the Secretary of Homeland Security 
otherwise has reasonable grounds to believe 
that the individual who is the subject of the de-
tainer is an inadmissible or deportable alien. 
‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 
State, or local law enforcement entity, official, or 
other personnel to whom a detainer is issued com-
plies 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 de-
tainer, the Department may take custody of the in-
dividual within 48 hours (excluding weekends and 
holidays), but in no instance more than 96 hours, 
following the date that the individual is otherwise to 
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be released from the custody of the relevant Federal, 
State, or local law enforcement entity. 
‘‘(4) IMMUNITY.— 
‘‘(A) IN GENERAL.—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 pur-
poses of determining their liability and shall be 
held harmless for their compliance with the de-
tainer in any suit seeking any punitive, compen-
satory, or other monetary damages. 
‘‘(B) FEDERAL GOVERNMENT AS DEFEND-
ANT.—In any civil action arising out of the 
compliance with a Department of Homeland Se-
curity detainer by a State or a political subdivi-
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sion of a State (and the officials and personnel 
of the State or subdivision acting in their offi-
cial 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. 
‘‘(C) BAD
FAITH
EXCEPTION.—Subpara-
graphs (A) and (B) shall not apply to any mis-
treatment of an individual by a State or a polit-
ical 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.’’. 
Æ 
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