Bill Details
HR.1821 - 119th Congress
Status
Latest action
2025-03-04 - Referred to the House Committee on the Judiciary.
Introduced Date
2025-03-04
Policy Area
Crime and Law Enforcement
Committees
View committees (1)
Sponsors
8
0
0
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would cut off federal funding to states or local governments that have laws or policies limiting cooperation with federal immigration detainers. In simple terms, if a state or city blocks local police from holding a person for federal immigration officials, or from quickly responding to requests about when that person will be released, that government could lose federal money for its projects and activities.
- It applies to states and local government units that stop officers from responding in a timely way to immigration notices asking for custody information, including a person’s expected release date.
- It also applies to places that prevent officers from holding someone for up to 48 hours, not counting weekends and holidays, after a federal immigration detainer is issued.
- The goal of that extra hold time is to give federal officials a chance to decide whether to take custody, start removal proceedings, or release the person.
- A local government may still apply directly for federal funds on its own if it is otherwise eligible, even if its state government is barred from receiving certain funds.
Official Summaries
Help Ensure Legal Detainers Act or the HELD Act
This bill prohibits the use of federal funds by a state or local subdivision that has in effect a law, policy, or procedure that prevents or impedes
- a timely response to a request from U.S. Immigration and Customs Enforcement (ICE) for information about an alien in state or local custody, including the alien's estimated release date; or
- compliance with a request from ICE to hold an alien for up to 48 hours so that ICE may assume custody.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1821 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1821
To deny Federal funding to any State or political subdivision of a
State that has in effect any law, policy, or procedure that prevents or
impedes a State or local law enforcement official from maintaining
custody of an alien pursuant to an immigration detainer issued by the
Secretary of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 2025
Mr. Calvert introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To deny Federal funding to any State or political subdivision of a
State that has in effect any law, policy, or procedure that prevents or
impedes a State or local law enforcement official from maintaining
custody of an alien pursuant to an immigration detainer issued by the
Secretary of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the--
(1) ``Help Ensure Legal Detainers Act''; or
(2) ``HELD Act''.
SEC. 2. DENIAL OF FEDERAL FUNDING TO STATES AND UNITS OF LOCAL
GOVERNMENT THAT FAIL TO RESPOND TO IMMIGRATION DETAINERS.
(a) In General.--With respect to fiscal years beginning after the
date of the enactment of this Act, no Federal funds may be used to
assist any project or activity carried out by a State, or a political
subdivision of a State, described in subsection (b).
(b) States and Political Subdivisions Described.--A State, or
political subdivision of a State, described in this subsection is any
State, or political subdivision of a State, that has in effect any law,
policy, or procedure that prevents or impedes State or local law
enforcement officials from--
(1) timely responding to an immigration notice issued by
the Secretary of Homeland Security that requests information
about an alien in State or local custody, including the alien's
estimated release date, in order that the Secretary may arrange
to assume custody of the alien upon such release; or
(2) maintaining custody of an alien for a period of up to
48 hours (excluding Saturdays, Sundays and holidays) pursuant
to an immigration detainer issued by the Secretary of Homeland
Security in order that the alien can be transferred to the
custody of such Secretary to determine whether the alien should
be detained, placed in removal proceedings, released, or
removed.
(c) Construction.--A political subdivision of a State that is not
ineligible under subsection (a) to receive Federal funds, but is part
of a State or another unit of government that is so ineligible, may
submit, notwithstanding any other provision of law, an application for
direct receipt of any funds that the political subdivision otherwise
only would receive through subgrant, allocation, or allotment made by
the ineligible State or government unit.
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