S. 3744

119 S3744 IS: To amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.
 U.S. Senate
 2026-01-29
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3744  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.
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:
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.
  .