A bill to amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.
- Sponsor
- Sen. Graham, Lindsey [R-SC]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 29, 2026
Bottom line
S. 3744 criminalizes actions by state and local officials that hinder federal immigration enforcement, imposing severe penalties for non-cooperation.
What it actually does
This bill amends title 18 of the U.S. Code to create a new federal crime, "Obstruction of immigration laws by official interference." It prohibits state and local government officers, employees, or contractors from knowingly adopting, directing, implementing, or enforcing policies that impede federal immigration enforcement, such as restricting access to detention facilities, concealing aliens, or failing to notify federal authorities before releasing aliens subject to arrest or removal. Violations carry significant penalties, including life imprisonment if the released alien causes death.
Proponents argue
Supporters argue this bill is necessary to ensure the consistent application of federal immigration laws across all jurisdictions and to prevent "sanctuary" policies from undermining national security and public safety. They contend that local non-cooperation can lead to the release of dangerous individuals, posing risks to communities, and that federal law must take precedence.
Opponents contend
Opponents might argue that this bill federalizes local law enforcement decisions, infringes on states' rights, and could lead to racial profiling and over-policing of immigrant communities. They may contend that local jurisdictions should have the autonomy to set their own policies regarding cooperation with federal immigration authorities, especially to foster trust between immigrant communities and local police.
The bill is concise and its provisions are clearly stated, making it accessible for an informed reader to evaluate within a short timeframe.
Section 1, adding new Section 1925(b) to 18 U.S.C. Chapter 93.
Prohibited Conduct for State and Local Officials
This provision makes it unlawful for state or local government officers, employees, or contractors, acting under color of law and with intent to obstruct immigration laws, to implement policies that restrict federal immigration officers from accessing detention facilities, conceal or shield aliens, or release aliens without 48 hours' notice to federal authorities. It also prohibits restricting cooperation with federal immigration authorities regarding information exchange or compliance with detainers.
Supporters argue
Supporters argue this provision closes loopholes that allow individuals subject to federal immigration enforcement to evade justice, thereby enhancing public safety and national security. They believe it ensures that federal law is uniformly applied and respected across all jurisdictions.
Critics contend
Opponents contend that this provision could force local law enforcement to act as de facto immigration agents, eroding trust between police and immigrant communities, which could make communities less safe by discouraging crime reporting. They also argue it infringes on local control and autonomy.
Tradeoffs
The bill balances federal immigration enforcement priorities with concerns about state and local autonomy and community trust. It aims to streamline federal enforcement but risks alienating local populations and potentially diverting local resources.
Section 1, adding new Section 1925(c) to 18 U.S.C. Chapter 93.
Criminal Penalties for Obstruction
This provision establishes severe criminal penalties for state or local government officers or employees who violate the prohibited conduct. If a violation results in the release of an alien who subsequently causes death, the penalty is a fine, imprisonment for any term of years or life, or both. If serious bodily injury results, the penalty is a fine, up to 20 years imprisonment, or both. Other violations carry a fine, up to 10 years imprisonment, or both.