Federal "Freedom to Cooperate Act" Tightens Immigration Enforcement, Limits State Power, and Grants Immunity to Local Law Enforcement

The "Freedom to Cooperate Act" is a new federal bill that significantly boosts the government's power over immigration enforcement, specifically targeting states that try to limit cooperation with federal immigration authorities (often called "sanctuary" policies).

Shackling State Authority

This bill directly amends Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It explicitly forbids states from enacting any law or policy that prevents state or local government entities or personnel from fully cooperating with federal immigration enforcement. This includes:

• No Blocking Information Sharing: States can't stop their agencies from sharing information about an individual's immigration status with the Department of Homeland Security (DHS).
• Full Compliance Required: States can't restrict their law enforcement from making inquiries about immigration status, notifying the feds about individuals they encounter, or complying with federal requests for information.
• Victim/Witness Exception (with a catch): The bill states it doesn't require reporting or arresting victims or witnesses of crimes. However, the broad powers granted elsewhere in the bill, particularly around detainers, might still create a chilling effect.

Detainers: The Real Muscle

Section 3 of the bill focuses on ICE detainers – requests from DHS to hold individuals suspected of being in the country illegally. This is where the bill gets really serious:

• Broad "Probable Cause": The bill allows DHS to issue a detainer based on probable cause that someone is deportable. This is defined very broadly, including biometric matches (which can be inaccurate), prior removal orders (even old ones), voluntary statements (which could be coerced), and the vague "other reliable evidence."
• 48-96 Hour Window: Once a detainer is issued, DHS has 48-96 hours after the person is scheduled to be released from state or local custody to pick them up. This means someone could be held for days beyond their original sentence or release time, solely based on an ICE request.
• Immunity for States and Localities: This is the most concerning part. States, local governments, and their contractors (think private prison companies) are granted immunity from liability when complying with detainers. They are considered to be acting under federal authority. This means if someone's rights are violated during detention based on a detainer, the federal government, not the local jail or private prison, is the defendant. The only exception is for "mistreatment" of the individual – a very high bar to clear.

Real-World Impact: Fear and Uncertainty

Imagine a scenario: A local police officer pulls someone over for a broken taillight. They run their information, and a flag comes up – maybe a very old removal order, or a potential biometric mismatch. The officer, now required to cooperate fully with DHS, informs ICE. An ICE detainer is issued. Even if the person was about to be released on bail for the traffic violation, they're now held for up to four additional days, waiting for DHS to pick them up. And if anything goes wrong during that detention, the local jail and the state have no legal liability – only the feds do. The broad definition of "probable cause," combined with near-total immunity, creates a system ripe for potential abuse and overreach. This could also make immigrant communities, regardless of status, hesitant to report crimes or cooperate with law enforcement, fearing any interaction could lead to deportation.

The bill, in essence, puts significant pressure on states to become active arms of federal immigration enforcement, regardless of their own policies or priorities, and shields those who participate from legal ramifications.