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S 3744
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A bill to amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.

To amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.

Introduced Jan 29, 2026

Latest action (Jan 29, 2026) Read twice and referred to the Committee on the Judiciary.

Policy area
Issues
Immigration

Summary

This bill would create a federal crime for state and local government officials who obstruct federal immigration law enforcement through official actions or policies. Specifically, it would prohibit policies that restrict federal immigration officers' access to detention facilities, prevent notification to immigration authorities before releasing detainees, or block cooperation between local law enforcement and federal immigration agencies. Penalties would range from up to 10 years imprisonment for general violations, up to 20 years for violations resulting in serious bodily injury, and potential life imprisonment for violations resulting in death. The law would apply to officers, employees, and contractors of state and local governments who act with intent to impede immigration enforcement.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)

Actions (2)

  1. Jan 29, 2026 Read twice and referred to the Committee on the Judiciary. · senate
  2. Jan 29, 2026 Introduced in Senate

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

Text versions (1)

  • Introduced in Senate · Jan 29, 2026

Only one text version is on file, so there’s no earlier version to compare against yet.

Full text

IN THE SENATE OF THE UNITED STATES

January 29, 2026

Mr. Graham introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. OBSTRUCTION OF IMMIGRATION LAWS BY OFFICIAL INTERFERENCE.

(a) In General.—Chapter 93 of title 18, United States Code, is amended by adding at the end the following: “Sec. 1925. Obstruction of immigration laws by official interference

“(a) Definitions.—In this section—

“(1) the term ‘alien’ has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1001(a));

“(2) the terms ‘conceals’, ‘harbors’, and ‘shields’ mean conceals, harbors, or shields, respectively, within the meaning given such terms under clause (iii) of section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)); and

“(3) the term ‘immigration laws’ has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

“(b) Prohibited Conduct.—It shall be unlawful for any officer, employee, or contractor of a State or local government, acting under color of law and with intent to impede or obstruct the enforcement of the immigration laws, to knowingly adopt, direct, implement, or enforce a law, regulation, policy, or practice that—

“(1) affirmatively prohibits or materially restricts Federal immigration officers, or other Federal officials acting authority delegated under immigration laws, from entering nonsecure areas of a detention facility operated by or on behalf of the State or local government to interview, apprehend, or take custody of an alien subject to arrest or removal proceedings under Federal law;

“(2) affirmatively conceals, harbors, or shields an alien subject to arrest or removal proceedings under Federal law in any way, including by directing the alteration, destruction, or withholding of records relating to the immigration status or release from custody of the alien;

“(3) requires, aids in, directs, or facilitates the release from custody of an alien subject to arrest or removal under Federal law without providing Federal immigration authorities with a minimum of 48 hours notice and opportunity to assume custody;

“(4) prohibits or restricts State or local law enforcement agencies from cooperating with Federal immigration authorities with respect to enforcement of Federal law concerning the removal of aliens, including through sending, receiving, maintaining, or otherwise exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any alien;

“(5) prohibits or restricts complying with a request lawfully made by the Department of Homeland Security under sections 217, 235, 236, 238, 241, or 287 of the Immigration and Nationality Act (8 U.S.C. 1187, 1225, 1226, 1228, 1231, or 1357) to comply with a detainer for, or notify within a minimum of 48 hours in advance about the release of, an alien; or

“(6) otherwise prohibits or restricts a State or local government employee, official, or contractor or State or local law enforcement agency from providing assistance with any other request lawfully made by the Department of Homeland Security with respect to enforcement of immigration laws, including assistance consistent with the safety of individual Federal officers.

“(c) Penalties.—An officer or employee of a State or local government who violates subsection (b)—

“(1) if a violation results in the release of an alien who, after release and prior to any subsequent arrest or detention, commits an act resulting in the death of any person, shall be fined under this title, imprisoned for any term of years or for life, or both;

“(2) if the violation results in the release of an alien who, after release and prior to any subsequent arrest or detention, commits an act resulting in serious bodily injury to any person, shall be fined under this title, imprisoned for not more than 20 years, or both; or

“(3) with respect to any other violation, shall be fined under this title, imprisoned for not more than 10 years, or both.”.

(b) Technical and Conforming Amendment.—The table of sections for chapter 93 of title 18, United States Code, is amended by adding at the end the following:

“1925. Obstruction of immigration laws by official interference.”. <all>

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