Bill
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BILL • US SENATE

S 3805

End Sanctuary Cities Act of 2026

119th Congress

The End Sanctuary Cities Act of 2026 would criminalize state and local officials who block the DHS from receiving notice before a criminal non-citizen is released from local custod

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 318.
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Bill Summary · S 3805

Bill Summary: End Sanctuary Cities Act of 2026 (S. 3805)

Overview

The End Sanctuary Cities Act of 2026 is a proposed piece of legislation designed to prevent state and local government officials from interfering with federal immigration enforcement. Specifically, the bill seeks to criminalize the act of blocking the Department of Homeland Security (DHS) from receiving timely notice when a "criminal alien" is being released from local custody.

Purpose and Intent

The primary goal of the bill is to eliminate "sanctuary" policies that restrict communication between local law enforcement and federal immigration authorities. By creating federal criminal penalties for officials who obstruct these communications, the bill aims to ensure that the federal government can coordinate the detention or deportation of non-citizens who have been charged with or convicted of crimes.

Key Provisions

1. Prohibition of Official Interference

The bill amends Title 18 of the U.S. Code to make it unlawful for any "responsible executive official" (the most senior official overseeing a specific policy or action) of a state or local government to:
* Knowingly prohibit, limit, or restrict compliance with formal DHS requests for "reasonable advance notice" regarding the release of a criminal alien.
* This prohibition includes the creation or enforcement of any law, regulation, or internal policy that prevents such notice.

2. Definition of "Reasonable Advance Notice"

The bill defines "reasonable advance notice" as notification of the scheduled release date and time provided as early as practicable, and—unless impossible—at least 48 hours prior to the release.

3. Criminal Penalties

The bill establishes a tiered system of federal penalties for officials who violate these rules, based on the severity of the crime committed by the released alien:

Offense of Released Alien Penalty for Official
Murder, Rape, or Sex Offenses against a minor Fine and/or imprisonment for 10 to 25 years
Serious Violent Felony Fine and/or imprisonment for 5 to 10 years
Any other Federal or State criminal offense Fine and/or imprisonment for 30 days to 6 months

Who is Affected?

  • State and Local Executive Officials: High-ranking officials (such as mayors, sheriffs, or state department heads) who implement "sanctuary" policies would be directly subject to these laws and potential imprisonment.
  • Law Enforcement Agencies: Police and correctional departments would be required to provide the mandated 48-hour notice to DHS.
  • Non-citizen Criminals: Individuals who are not citizens and have been charged with or convicted of crimes would be more likely to be transferred to federal immigration custody immediately upon release from local jail.

Procedural Status

  • Introduced: February 9, 2026.
  • Current Status: The bill has been read a second time and placed on the Senate Legislative Calendar (Calendar No. 318).
  • Sponsors: Introduced by Senator Lindsey Graham, with co-sponsorship from Senators John Neely Kennedy and John Cornyn.

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