No Illegal Captivity and Extensions Act of 2026

May 11, 2026
May 11, 2026

Summary

Stops the government from using immigration detainers, which are requests for police to hold people so immigration agents can pick them up.

What problem does this solve?

Immigration detainers ask local police to hold people for federal agents, even if they should be released. This can lead to longer jail time and make people afraid to talk to the police. This bill solves the problem by completely banning the use of these detainers.

What does this bill do?

General ban on immigration detainers
Prohibits the Secretary of Homeland Security from issuing or enforcing any immigration detainer or hold, either directly or through agreements with other law enforcement agencies.
Ends detainers in government agreements
Amends the law to stop the Secretary of Homeland Security from requiring state or local agencies to enforce immigration detainers as part of any service agreement.
Removes detainer authority for drug offenses
Strikes the part of the Immigration and Nationality Act that specifically allows for the detention of non-citizens for violations of controlled substance laws.
Repeals a rule for holding non-citizens
Removes a paragraph from the Immigration and Nationality Act related to the arrest and holding of non-citizens.

Who does this affect?

  • Immigrants interacting with law enforcement
  • State and local law enforcement agencies
  • Department of Homeland Security

What is the real world impact?

Builds community trust in local police
Stops local police from acting as immigration agents. This helps immigrant communities feel safer reporting crimes and working with police without fearing deportation.

When does this start?

This bill would take effect as soon as it is signed into law.