Summary of S 3805: Bill to Prohibit Obstruction of Immigration Laws

Overview

This bill, titled "A bill to amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference," was introduced in the U.S. Senate on February 9, 2026. The bill aims to amend federal law to make it a crime for government officials to obstruct or interfere with the enforcement of immigration laws.

Key Provisions

• Adds a new section to Chapter 93 of Title 18 of the U.S. Code (Crimes and Criminal Procedure) that prohibits "obstruction of immigration laws by official interference"
• Makes it a crime, punishable by fines and/or imprisonment, for any federal, state, or local government official to "intentionally impede or obstruct the enforcement of the immigration laws of the United States"
• Defines "obstruction of immigration laws" as any action taken by an official that is intended to "prevent, hinder, or delay the apprehension, arrest, or removal of any alien unlawfully present in the United States"
• Includes exceptions for officials acting in good faith to uphold constitutional rights or protect public safety

Potential Impact

If enacted, this bill would create new criminal penalties for government officials who are found to have intentionally obstructed or interfered with federal immigration enforcement efforts. The bill is likely intended to discourage state and local jurisdictions from adopting "sanctuary" policies that limit cooperation with federal immigration authorities.

The bill could face legal challenges on constitutional grounds, as it may be argued to infringe on state and local government authority. Its impact would ultimately depend on how the new prohibition is interpreted and enforced by the courts.

Timeline and Status

S 3805 was introduced in the Senate on February 9, 2026 and has been placed on the Senate Legislative Calendar under General Orders, with a calendar number of 318. The bill has not yet been considered or voted on by the full Senate.