No Illegal Captivity and Extensions Act of 2026
- Sponsor
- Rep. Frost, Maxwell [D-FL-10]
- Committees
- Judiciary Committee (primary)
- Last action
- May 11, 2026
Bottom line
This bill seeks to end the practice of immigration detainers, which are requests from federal immigration authorities to state and local law enforcement to hold individuals suspected of immigration violations beyond their release date.
What it actually does
The bill, titled the 'NICE Act of 2026,' amends the Immigration and Nationality Act to explicitly prohibit the Department of Homeland Security (DHS) from issuing or enforcing immigration detainers. It strikes specific provisions related to mandatory detention and detainers for controlled substances violations, and prevents DHS from requiring detainer enforcement as a condition in intergovernmental agreements with state and local law enforcement.
Proponents argue
Supporters argue that immigration detainers undermine trust between immigrant communities and local law enforcement, leading to underreporting of crimes. They contend that these detainers often result in prolonged and unlawful detention, violate constitutional due process rights, and divert local resources from community safety priorities. Proponents also highlight that many jurisdictions already limit or refuse detainer requests due to legal challenges and community concerns.
Opponents contend
Opponents would likely argue that eliminating immigration detainers would severely hinder federal immigration enforcement efforts, making it more difficult to apprehend and deport individuals who pose a public safety risk or have violated immigration laws. They might assert that detainers are a crucial tool for ensuring that individuals with serious criminal histories or those subject to deportation orders are not released back into communities before federal authorities can take custody. Critics could also claim it creates 'sanctuary' policies that endanger public safety.
The bill text is very short and straightforward, allowing for quick comprehension of its direct legislative changes.
Section 2(a)
Repeal of Mandatory Detention Authority
This provision strikes paragraph (3) from Section 236(c) of the Immigration and Nationality Act. This paragraph currently mandates the detention of certain non-citizens, including those convicted of specific crimes, upon their release from criminal incarceration. Its repeal would remove the federal mandate for such detention.
Supporters argue
Supporters argue that mandatory detention provisions lead to prolonged and often unjust detention, separating families and imposing significant costs without always enhancing public safety. They contend that this repeal would restore judicial discretion and allow for individualized assessments of flight risk and danger.
Critics contend
Opponents would argue that mandatory detention is a critical tool for ensuring that dangerous or high-risk non-citizens are not released into communities. They would assert that repealing this provision could compromise public safety and make it harder to deport individuals with criminal records.
Tradeoffs
Balances concerns about individual liberty and due process for non-citizens against federal immigration enforcement priorities and perceived public safety risks.
Section 2(b)
Repeal of Detainer Authority for Drug Offenses
This provision strikes subsection (d) from Section 287 of the Immigration and Nationality Act. This subsection specifically authorizes federal immigration officers to issue detainers for non-citizens arrested for violating controlled substances laws. Its repeal would remove this specific statutory basis for such detainers.
Section 2(c)
Restriction on Detainer Enforcement in Intergovernmental Agreements
This provision amends Section 103(a)(11)(B) of the Immigration and Nationality Act to explicitly state that the Secretary of Homeland Security cannot require state or local law enforcement agencies to enforce a detainer or hold as a condition of any intergovernmental service agreement (such as 287(g) agreements). This aims to prevent DHS from coercing local agencies into detainer enforcement.
Section 2(d)
Blanket Prohibition on Immigration Detainers
This section establishes a broad prohibition, stating that 'Notwithstanding any other provision of law,' the Secretary of Homeland Security may not issue or enforce any detainer or hold under immigration laws. This includes through any formal or informal agreement with federal, state, or local law enforcement. This is the most comprehensive part of the bill, aiming to eliminate all forms of immigration detainers.