S. 2935

119 S2935 IS: Sovereign Enforcement Integrity Act of 2025
 U.S. Senate
 2025-09-29
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  II
  119th CONGRESS
  1st Session
  S. 2935
  IN THE SENATE OF THE UNITED STATES
  September 29, 2025
  Mr. Scott of Florida  introduced the
  following bill; which was read twice and referred to the  Committee on the Judiciary
  A BILL
To prohibit State and local law enforcement officers from arresting foreign
  nationals within the United States solely on the basis of an indictment, warrant, or
  request issued by the International Criminal Court, and for other
  purposes.
1.
Short title
This Act may be cited as the   Sovereign Enforcement Integrity Act of 2025  .
2.
Findings and purpose
(a)
Findings
Congress finds the following:
(1)
The United States is not a party to the Rome Statute establishing the International Criminal Court (commonly known as the  ICC ).
(2)
The Constitution of the United States provides the Federal Government with exclusive authority over foreign relations and the treatment of foreign nationals within the territory of the United States.
(3)
The arrest or detention of foreign nationals on United States soil pursuant to an ICC request or indictment, absent Federal authorization, could jeopardize the foreign policy interests of the United States and conflict with longstanding constitutional principles.
(4)
Law enforcement activities implicating international law enforcement obligations must be governed by uniform national standards.
(b)
Purpose
The purpose of this Act is to prohibit State and local law enforcement officers from executing, honoring, or enforcing any request, warrant, or indictment issued by the International Criminal Court unless expressly authorized by Federal law.
3.
Prohibition on state or local enforcement of icc actions
(a)
General rule
No officer, employee, or agent of a State, a territory, or the District of Columbia, or any political subdivision thereof, may—
(1)
arrest, detain, or otherwise deprive a foreign national of liberty based solely on a warrant, indictment, summons, or other process issued by the International Criminal Court;
(2)
cooperate with, or provide assistance to, the International Criminal Court in effectuating such an arrest or detention; or
(3)
use any funds, facilities, personnel, or equipment to carry out any action described in paragraph (1) or (2).
(b)
Exception
The prohibitions in subsection (a) shall not apply if—
(1)
Congress enacts legislation expressly authorizing cooperation with the International Criminal Court in a specific case; or
(2)
the President certifies to Congress that such cooperation is essential to a declared national security interest and issues a specific written authorization.
4.
Preemption
This Act supersedes any State or local law, policy, or regulation that permits, requires, or authorizes any action inconsistent with this Act.
5.
Severability
If any provision of this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act and the application of the provisions to any other person or circumstance shall not be affected.