Summary of Senate Bill S 3744

Purpose and Intent

The purpose of this bill is to prohibit state and local government officials from obstructing the enforcement of federal immigration laws. The bill aims to prevent state and local governments from adopting policies or practices that interfere with federal immigration enforcement efforts.

Key Provisions

The main provisions of the bill are:

1. Prohibited Conduct: The bill makes it unlawful for state/local officials to:

   • Restrict federal immigration officers from entering non-secure areas of detention facilities to apprehend or take custody of aliens subject to federal immigration laws.
   • Conceal, harbor, or shield aliens subject to federal immigration enforcement.
   • Release aliens subject to federal immigration enforcement without providing at least 48 hours' notice to federal authorities.
   • Prohibit or restrict state/local law enforcement from cooperating with federal immigration authorities.
   • Prohibit or restrict compliance with federal requests related to immigration enforcement (e.g. detainers, notification of alien release).

2. Penalties: Violations of the prohibited conduct can result in fines and imprisonment, with harsher penalties if the violation leads to the release of an alien who subsequently commits acts resulting in death or serious bodily injury.

Impact

This bill would significantly limit the ability of state and local governments to adopt "sanctuary" policies that restrict cooperation with federal immigration enforcement. It could compel greater collaboration between state/local authorities and federal immigration agencies. The penalties, especially for violations leading to serious crimes, may create strong incentives for compliance.

The bill could face legal challenges on federalism and other constitutional grounds, as it seeks to restrict state/local government policies in an area traditionally reserved for federal jurisdiction. Its impacts would depend on how it is interpreted and enforced.