H.R. 5826

Detain and Deport Act

This bill provides that a state or political subdivision that has in effect a statute, policy, or practice providing that it not comply with any Department of Homeland Security (DHS) detainer ordering it to temporarily hold an alien in its custody so that the alien may be taken into federal custody or to transport the alien for transfer to federal custody shall not be eligible to receive any law enforcement or DHS grant.

A state or political subdivision acting in compliance with such a DHS detainer shall be considered to be acting under color of federal authority for purposes of determining its liability and immunity from suit in civil actions brought by the aliens.

It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this bill.