Sovereign Enforcement Integrity Act of 2025
The Sovereign Enforcement Integrity Act of 2025 would bar state and local law enforcement, including districts and territories, from arresting or detaining foreign nationals within the United States solely because of an International Criminal Court (ICC) indictment, warrant, or request. It also prohibits state and local authorities from cooperating with the ICC or using public funds, facilities, or personnel to carry out ICC actions in such cases. The bill creates two narrow exceptions: (1) Congress could specifically authorize cooperation with the ICC in a particular case, and (2) the President could certify to Congress that cooperation is essential to a declared national security interest and issue a written authorization. The act is framed as preempting incompatible state/local laws and aims to ensure uniform national standards under federal authority over foreign relations. The sponsor, Rep. Elise Stefanik, introduced the measure, which was referred to the Judiciary Committee. In short, the bill seeks to shield foreign nationals in the U.S. from ICC-based enforcement actions unless Congress or the President explicitly allows it, thereby asserting federal primacy over state/local enforcement in this area.
Key Points
- 1General rule: State, territorial, D.C., and local officers cannot arrest, detain, or deprive a foreign national of liberty solely based on an ICC warrant, indictment, summons, or other ICC process, and cannot cooperate with or assist the ICC in such actions or use public resources to do so.
- 2Exceptions: Cooperation with the ICC can occur only if Congress enacts specific authorization for a given case, or if the President certifies a national security interest and issues a written authorization.
- 3Preemption: The Act overrides any conflicting state or local laws, policies, or regulations.
- 4Findings and purpose: The bill asserts that the U.S. is not a party to the Rome Statute, foreign relations are a federal prerogative, ICC actions could affect U.S. foreign policy, and uniform national standards are needed for enforcement involving international law.
- 5Severability: If a provision is found unconstitutional, the rest of the Act remains in force.