What does Preamble of HR 7640 do?

This bill is formally titled 'To amend the Immigration and Nationality Act to improve public safety through the enforcement of Federal immigration law in the interior of the United States, and for other purposes.'

What does SHORT TITLE. of HR 7640 do?

This bill is formally titled the 'Shut Down Sanctuary Policies Act of 2026'.

What does STATE AND LOCAL COOPERATION WITH ENFORCEMENT OF IMMIGRATION of HR 7640 do?

This section amends Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to clarify state and local government cooperation with immigration enforcement. It establishes that Federal, State, and local government entities have the right to comply with or enforce immigration laws and assist Federal law enforcement. The section allows entities to make inquiries about citizenship status, maintain related information, and notify the Federal Government about encountered individuals. It supersedes state and local laws that prohibit or restrict these activities. Entities complying with these provisions can seek removal to federal district court in cases brought against them. The section provides immunity from punitive, compensatory, or other monetary damages in certain suits. The United States Government is substituted as the defendant in removed civil actions. Federal funding, including grants from the Department of Justice and Homeland Security, may be withheld from jurisdictions restricting these rights or failing to comply with Department of Homeland Security detainers. The Secretary of Homeland Security determines which jurisdictions restrict these rights and reports these determinations annually.

What does CLARIFYING THE AUTHORITY OF ICE DETAINERS. of HR 7640 do?

This section amends Section 287(d) of the Immigration and Nationality Act to clarify the authority of the Secretary of Homeland Security to issue detainers. A detainer may be issued if there is probable cause to believe an individual is an inadmissible or deportable alien, based on criteria like biometric matches, ongoing removal proceedings, or voluntary statements. Law enforcement entities complying with a detainer must transfer custody to DHS within 96 hours. Civil actions against state or local government entities related to detainer compliance may be removed to federal court. State and local governments acting in compliance with DHS detainers are considered to be acting under color of Federal authority and are shielded from certain liability. The United States Government will be substituted as the defendant in civil actions arising from detainer compliance. Exceptions to immunity exist for claims of mistreatment. This section supersedes state and local laws that restrict activities related to detainers. Individuals who are victims of certain crimes committed by aliens released from custody due to a failure to honor a detainer may bring a civil action against the relevant government entity. A private right of action is established with a 10-year statute of limitations.

What does CONSTRUCTION; SEVERABILITY. of HR 7640 do?

This section outlines principles of construction and severability for the Act. If a provision of the Act is found to be invalid or unenforceable, it will be construed to have the maximum effect permitted by law. If a court determines a provision is wholly invalid, it will be considered severable, and the rest of the Act remains in effect. The Act's provisions will continue to apply to other individuals or circumstances not involved in the original invalidation.

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Shut Down Sanctuary Policies Act of 2026 — HR. 7640

Last updated: 3/12/2026 · Introduced: 2/23/2026

Author: Tom McClintock (R-CA)

TL;DR (AI)

This bill mandates cooperation between state and local governments and federal immigration enforcement agencies by allowing them to inquire about citizenship status, share information, and notify the federal government about individuals, superseding conflicting state and local laws.
The bill clarifies and expands the authority of Immigration and Customs Enforcement (ICE) to issue detainers, requiring law enforcement to transfer custody within 96 hours and shielding compliant entities from liability while establishing a private right of action for victims of crimes committed by released aliens.
Jurisdictions refusing to comply with federal immigration enforcement, including honoring detainers, may face withholding of federal funding.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 3 more.

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