S. 3805

119 S3805 PCS: End Sanctuary Cities Act of 2026
 U.S. Senate
 2026-02-10
 text/xml
 EN
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 II  Calendar No. 318  119th CONGRESS  2d Session  S. 3805  IN THE SENATE OF THE UNITED STATES   February 9, 2026   Mr. Graham  introduced the following bill; which was read the first time    February 10, 2026  Read the second time and placed on the calendar   A BILL
To amend  chapter 93  of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.
1.
Short title
This Act may be cited as the   End Sanctuary Cities Act of 2026  .
2.
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  criminal alien  means an alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1001(a) )) who has been charged with or convicted of a crime under Federal or State law;
(2)
the terms  Federal sex offense  and  minor  have the meanings given such terms in section 3559(e)(2);
(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) );
(4)
the term  reasonable advance notice , with respect to the release of a criminal alien, means notice regarding the scheduled release date and time of the criminal alien that is provided as early as practicable and, unless impossible, at least 48 hours prior to release;
(5)
the term  responsible executive official , with respect to a law, regulation, policy, practice, or action, means the most senior executive official of a State or unit of government charged with overseeing execution of the law, regulation, policy, practice, or action.
(6)
the term  serious violent felony  has the meaning given that term in section 3559(c)(2);
(7)
the terms  State  and  unit of local government  have the meanings given such terms in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251(a) ); and
(8)
the term  State sex offense  means a State or Military sex offense (as defined in section 3559(e)(2)) that is an offense under State law.
(b)
Prohibited conduct
It shall be unlawful for any responsible executive official of a State or unit of local government, acting under color of law, to knowingly prohibit, limit, or restrict compliance with any formal request under the immigration laws by the Department of Homeland Security for reasonable advance notice regarding the release of a criminal alien, including through establishing, directing, implementing, or enforcing any pertinent law, regulation, policy, practice, or action.
(c)
Penalties
A person who violates subsection (b)—
(1)
if the violation results in the release from custody of a criminal alien who has been charged with or convicted of an offense consisting of murder, rape, or a Federal sex offense or State sex offense against a minor, shall be fined under this title, imprisoned for not less than 10 years and not more than 25 years, or both;
(2)
if the violation results in the release from custody of a criminal alien who has been charged with or convicted of an offense that is a serious violent felony, shall be fined under this title, imprisoned for not less than 5 years and not more than 10 years, or both; or
(3)
if the violation results in the release from custody of a criminal alien who has been charged with or convicted of any other Federal or State criminal offense, shall be fined under this title, imprisoned for not less than 30 days and not more than 6 months, or both.
 .
(b)
Severability clause
If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held invalid, the remaining provisions of this Act and the amendments made by this Act, and the application of such remaining provisions and amendments to any other person or circumstance, shall not be affected thereby.
(c)
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.
  .
   February 10, 2026  Read the second time and placed on the calendar