H.R.864 - Freedom to Cooperate Act (119th Congress)
Summary
H.R.864, the "Freedom to Cooperate Act," aims to clarify federal jurisdiction over immigration law and policy. It seeks to nullify state laws that contradict federal immigration enforcement, particularly those related to sanctuary policies. The bill amends Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and Section 287(d) of the Immigration and Nationality Act to ensure state and local cooperation with federal immigration enforcement efforts.
Expected Effects
The bill would likely increase cooperation between state and local law enforcement and federal immigration authorities. This could lead to increased enforcement of federal immigration laws and potentially more deportations. It could also create legal challenges from states arguing that the federal government is overstepping its authority.
Potential Benefits
- Increased cooperation between federal and local law enforcement.
- Potentially more effective enforcement of immigration laws.
- Clarification of federal authority over immigration policy.
- Reduced ability for states to hinder federal immigration enforcement.
- Provides immunity to states and localities acting under color of federal authority.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased racial profiling and discrimination.
- Erosion of trust between immigrant communities and local law enforcement.
- Possible legal challenges based on states' rights.
- Increased burden on state and local resources for immigration enforcement.
- May lead to the detention of individuals who are ultimately found to be legally present in the United States.
Constitutional Alignment
The bill's constitutional alignment is complex. Article I, Section 8 of the Constitution grants Congress the power to establish a uniform Rule of Naturalization. However, the Tenth Amendment reserves powers not delegated to the federal government to the states. The Supreme Court has addressed immigration federalism in several cases, and the extent to which Congress can compel state cooperation remains a contested issue. This bill attempts to assert federal supremacy in immigration enforcement, which could be viewed as either a necessary exercise of federal power or an infringement on state sovereignty.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).