This Act repeals Section 642 of the 1996 immigration law to restore constitutional balance and state/local control over public institution information policies.
Sylvia Garcia
Representative
TX-29
The Restoring Community Trust Act of 2026 repeals Section 642 of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. This action aims to restore constitutional balance by limiting federal intrusion into state and local control over their public institutions and internal operations. The bill respects state and local authority while affirming the federal government's exclusive role in civil immigration enforcement.
The Restoring Community Trust Act of 2026 takes a direct swing at a 30-year-old policy by repealing Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. For decades, this federal provision has essentially restricted state and local governments from limiting how their employees share information about an individual’s citizenship or immigration status with federal authorities. By wiping this off the books, the bill aims to hand the keys back to local mayors, police chiefs, and agency heads, allowing them to decide for themselves how their staff handles sensitive information during routine interactions like traffic stops or filing city paperwork.
The core of this bill is about drawing a clear line in the sand between federal and local responsibilities. Under current rules, a local librarian or a city clerk might feel legally obligated to act as an extension of federal immigration agents due to the 1996 mandate. This bill changes that dynamic by asserting that the federal government has its own tools for civil immigration enforcement and shouldn't be 'commandeering' state employees to do the job. In practice, this means if a local city council decides that building trust with their immigrant community is more important for public safety than reporting status, they can set internal policies to reflect that without running afoul of federal law.
This isn't just a policy tweak; it’s a major shift in who calls the shots on your local tax dollars. The bill argues that state and local governments have a 'strong interest' in ensuring residents feel safe talking to the police or using public services without fear of secondary consequences. For a construction worker reporting a site injury or a small business owner applying for a local permit, this could mean the difference between a routine administrative task and a life-altering legal event. The legislation specifically points out that governance is most effective when local officials are accountable to their own residents rather than being forced to administer federal programs (Section 1).
It is important to note that this bill doesn't actually ban cooperation; it just removes the federal 'must-share' pressure. If a state or city wants to continue sharing information with federal immigration authorities, they are perfectly free to do so under their own laws. The bill also explicitly states that the federal government retains its 'exclusive authority' to enforce immigration laws using its own resources. Essentially, it clears up the legal 'uncertainty and costly litigation' that has plagued cities for years, letting local governments focus on their primary jobs—like keeping the streets safe and the trash collected—without being stuck in the middle of a federal tug-of-war.