The HELD Act would withhold federal funding from states and local governments that enact laws or policies that hinder or prevent collaboration with federal immigration authorities. Specifically, if a state or political subdivision has laws or policies that interfere with: (1) timely responding to immigration notices issued by the Secretary of Homeland Security (DHS) seeking information about an immigrant in custody, including the expected release date; or (2) maintaining custody of an immigrant for up to 48 hours (excluding weekends and holidays) under an immigration detainer to allow DHS to decide whether to detain, initiate removal proceedings, release, or remove the person, then that state or subdivision would be ineligible for federal funds for projects or activities. The bill also creates a pathway for local subdivisions within ineligible states to apply directly for federal funds, bypassing the ineligible state if needed. The act is intended to pressure jurisdictions to cooperate with DHS detainer requests and to speed up transfers of custody for immigration enforcement.
Key Points
- 1Purpose: To compel state and local governments to cooperate with DHS detainer notices and response requests by threatening loss of federal funding for projects or activities.
- 2Trigger for ineligibility: Any law, policy, or procedure that prevents or impedes timely responses to DHS immigration notices or that hinders maintaining custody for up to 48 hours under an immigration detainer.
- 3Funding consequence: For fiscal years after enactment, no federal funds may be used to support any project or activity of an ineligible state or political subdivision.
- 4Timeframe: The 48-hour custody window under an immigration detainer excludes Saturdays, Sundays, and holidays.
- 5Direct funding option for subunits: A political subdivision within an ineligible state may apply directly for federal funds (instead of only receiving through subgrants from the ineligible state).