# Immigration Detainer Enforcement Act of 2021

This bill is designed to make it easier for federal immigration authorities to detain and deport people they believe are in the country illegally, particularly those who have been arrested for crimes. It does this by removing certain legal obstacles and pressuring local police departments to cooperate with federal immigration enforcement.

The core change involves "detainers"—these are essentially holds that federal immigration agents can place on someone who's been arrested by local police. Currently, there are some legal limits on when these detainers can be issued. This bill removes one of those limits, allowing federal agents to issue a detainer whenever someone is arrested for any crime and the agent believes they might be deportable, without needing to prove the person is likely to flee. The bill also prevents courts from reviewing whether these detainers were issued appropriately. Once a detainer is issued, local police can hold someone for up to 48 hours to transfer them to federal custody.

The bill also tries to eliminate what supporters call "sanctuary policies"—rules some cities and states have adopted that limit cooperation with immigration enforcement. It explicitly prohibits any state or local government from restricting the sharing of immigration status information with federal authorities or from honoring detainer requests. This means police departments that currently have policies against holding people solely on immigration detainers would be forced to comply anyway.

To encourage compliance, the bill offers financial incentives and penalties. States that cooperate with detainers can receive federal money to help pay for holding undocumented immigrants who have committed felonies or multiple misdemeanors—compensation based on what it costs to incarcerate someone in that state. However, states and cities that don't comply with detainer requests lose eligibility for certain federal law enforcement grants and equipment programs. The bill also protects local police from lawsuits if they wrongfully detain someone based on a federal detainer, as long as the federal government covers the legal costs.

Immigration Detainer Enforcement Act of 2021

Bishop, Dan

Immigration Detainer Enforcement Act of 2021 This bill expands statutory provisions to authorize the Department of Homeland Security (DHS) to request a law enforcement agency to detain an individual who has been arrested for violating any law (if the individual is believed to be an unlawfully present alien), where current provisions only explicitly authorize detainer requests for individuals arrested for violating controlled substances laws. The bill also modifies other related provisions. A law enforcement agency that has received a detainer request may hold the targeted individual for up to 48 hours. DHS may enter into agreements with law enforcement agencies to indemnify such agencies against claims for wrongful detention resulting from a detainer request. No provision of federal, state, or local law may restrict any government entity from (1) providing DHS with access to databases with information relating to issued detainers, or (2) holding an individual subject to a detainer. DHS shall periodically certify to Congress as to which state or local entities have not complied with a detainer request. Such entities shall be ineligible for compensation for costs related to honoring detainer requests. State and local entities that comply with DHS detainer requests shall have prioritized access to (1) certain law enforcement-related grants, and (2) certain excess federal property.