The UPLIFT Act is a House bill introduced in the 119th Congress that seeks to expand federal immigration enforcement at the state and local level. It reasserts and broadens the obligation of state and local governments to cooperate with federal immigration authorities, limits sanctuary-like policy choices, expands the use of immigration detainers, and creates new accountability mechanisms. It also adds legal protections and potential civil liability related to detainer compliance, including a private right of action for certain crimes tied to releases caused by noncompliance. In short, the bill aims to tighten the interplay between federal immigration enforcement and state/local governments, with emphasis on ensuring information sharing, detention cooperation, and potential remedies when detainers are not honored. Key themes include: stronger federal direction to sanctuary jurisdictions, expanded authority for ICE detainers with new immunity provisions, private detention arrangements, and a new private-right-of-action pathway for crime victims when noncompliance contributes to serious offenses. The bill positions several federal-to-state-local enforcement tools as mandatory or highly favored, while creating new avenues for litigation and accountability against noncompliant jurisdictions.
Key Points
- 1Expands and tightens the prohibition on sanctuary jurisdictions by rewiring Section 642 of IRIRA 1996 to require state/local entities to cooperate with immigration enforcement and prohibits restrictions on information gathering and cooperation with federal authorities.
- 2Requires annual determinations by the Secretary of Homeland Security (DHS) of which states/local governments are not in compliance, with reporting to Congress, and authorizes expedited injunctive relief for local governments harmed by noncompliance.
- 3Extends government involvement in immigration detention to include private detention facilities, allowing state/local governments to enter detention agreements with private providers, and permitting sales or financing activities related to such facilities.
- 4Amends 287(d) to strengthen ICE detainer authority, including a clarified chain of probable cause and a defined 48-hour (up to 96 hours) window for transferring custody to DHS after a detainer is issued and complied with by a local agency.
- 5Adds immunity protections for states/localities and private detention contractors acting in accordance with a DHS detainer, while preserving a bad-faith exception for mistreatment.
- 6Creates a private right of action under 287 for crime victims (or close relatives) when a state/local authority released an alien in response to a non-honored detainer, allowing suits against the state or subdivision with a damages-focused remedy, including attorneys’ fees and a 10-year filing window.
- 7Clarifies that nothing in the act mandates reporting or arrest of crime victims or witnesses, preserving protections for those individuals.