H.R. 864 — Freedom to Cooperate Act

This section amends Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373)—which prohibits state and local restrictions on sharing immigration status information with federal authorities—by (1) replacing subsection (a) to prohibit states from restricting any federal, state, or local government entity or official from complying with federal immigration laws (as defined in 8 U.S.C. 1101(a)(17)) or assisting or cooperating with federal law enforcement on their enforcement; (2) replacing subsection (b) to prohibit such restrictions on law enforcement activities including inquiries about immigration status, notifying the federal government of encountered individuals, and complying with federal requests for such information; (3) in subsection (c), replacing "Immigration and Naturalization Service" with "Department of Homeland Security"; and (4) adding subsection (d) to clarify that the section does not require state law enforcement officials to report or arrest victims or witnesses of criminal offenses. (Thus, the amendments broaden federal preemption over state and local "sanctuary" policies limiting immigration enforcement cooperation.)

This section revises the detainer provisions of INA §287(d) to authorize DHS to issue detainers to federal, state, or local entities for individuals arrested for criminal or motor vehicle violations if probable cause exists to believe they are inadmissible or deportable aliens, deeming probable cause established by biometric/database matches to known inadmissible/deportable aliens, ongoing removal proceedings, final removal orders, voluntary statements or evidence, or other reasonable grounds. The section further requires DHS to take custody within 48 hours (excluding weekends and holidays), but no more than 96 hours, after the individual is otherwise to be released if the detainer is honored; and provides immunity from civil liability for complying state/local governments, officials, and contracted nongovernmental detention entities (deeming them to act under color of federal authority), names the U.S. government as defendant in related suits, and excludes bad faith or mistreatment.