H.R. 7640 — Shut Down Sanctuary Policies Act of 2026

This section revises Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), commonly referred to as the state and local communications provision on immigration enforcement status. (1) Revises the section header to "State and local government cooperation with immigration enforcement"; (2) replaces subsection (a) to affirm the right of Federal, State, or local government entities, officials, or personnel to enforce immigration laws (as defined in INA §101(a)(17) (8 U.S.C. 1101(a)(17))), or assist or cooperate with Federal immigration officials, without prohibition or restriction; (3) replaces subsection (b) to protect such entities' rights to inquire of individuals about their citizenship or immigration status (lawful or unlawful), inadmissibility, deportability, or custody status (including related personal identifying information); maintain such information; notify the Federal Government of encountered individuals; and comply with Federal requests for such information; (4) updates subsection (c) to reference the Department of Homeland Security (from Immigration and Naturalization Service); and (5) adds subsections (d) through (i) to supersede contrary State and local laws; authorize removal to Federal court of specified State court actions against complying entities; grant immunity from damages suits (with the United States substituted as defendant); except claims of mistreatment; and render non-compliant jurisdictions (including those ignoring DHS detainers under INA §287(d)(1) (8 U.S.C. 1357(d)(1))) ineligible for specified Federal grants—such as under INA §241(i) (8 U.S.C. 1231(i)), the Cops on the Beat program (34 U.S.C. 10381 et seq.), and the Byrne Justice Assistance Grant program (34 U.S.C. 10151 et seq.)—or other DOJ/DHS law enforcement or immigration grants, while authorizing DHS discretion to decline custody transfers to such jurisdictions. (Thus, the revisions expand beyond prohibiting communication restrictions to mandating active cooperation, providing legal protections, and imposing funding penalties on non-cooperators.)

This section revises the detainer provisions of the Immigration and Nationality Act (INA §287(d)) to require the Department of Homeland Security (DHS) to issue a detainer to federal, state, or local law enforcement for any arrested individual if DHS has probable cause to believe the individual is an inadmissible or deportable alien, with probable cause established by criteria including biometric/database matches, ongoing removal proceedings, final removal orders, voluntary statements or reliable evidence, or other reasonable grounds. It further (1) authorizes DHS to take custody within 48 hours (excluding weekends and holidays, and no more than 96 hours) after the individual's scheduled release; (2) permits removal to federal court of specified state civil or criminal actions against complying entities; (3) deems complying state/local governments, officials, and contractors acting under federal authority, providing immunity from damages suits; (4) substitutes the United States as defendant in such removed actions regarding the detention; (5) excludes claims of mistreatment; (6) supersedes contrary state and local laws; and (7) creates a private right of action for compensatory damages in federal court by victims (or their spouse, parent, or child if deceased) of murder, rape, felony, or aggravated felony committed by a convicted alien if the state or local government released the alien from custody prior [text cuts off]. (As background, INA detainers request state or local authorities to hold suspected removable aliens beyond their release date to allow DHS to assume custody for immigration enforcement.)

This section establishes a severability clause for the Act and its amendments, directing courts to construe invalid provisions for maximum lawful effect where possible and otherwise deeming them severable without affecting remaining provisions or their application to other persons or circumstances.