HR1821-119

What This Bill Does

The HELD Act uses federal funding leverage to target sanctuary-style noncooperation with immigration detainers. For fiscal years after enactment, federal funds may not assist any project or activity carried out by a state or political subdivision that prevents or impedes law enforcement officials from timely responding to a DHS notice seeking information about an alien in custody, including estimated release date, or from holding the alien up to 48 hours excluding weekends and holidays under an immigration detainer. A compliant political subdivision that is located inside an ineligible state or government unit may bypass that government and apply directly for funds it otherwise would have received through a subgrant, allocation, or allotment.

Who Benefits and How

Department of Homeland Security immigration officers benefit because local custody information and detainer holds become conditions for federal funding. Compliant local governments benefit because they can seek direct federal funding even if their state is deemed ineligible. Immigration enforcement advocates benefit from a financial penalty aimed at noncooperative jurisdictions. Federal grant managers benefit from a clear statutory hook for conditioning funds on detainer cooperation.

Who Bears the Burden and How

States with laws limiting immigration detainer cooperation risk losing federal assistance for covered projects and activities. Local governments with noncooperation policies risk funding loss unless they change custody-notice and detainer practices. State and local law enforcement officials must maintain custody for up to 48 hours when covered detainers apply. Immigrant detainees may face longer local custody while DHS decides detention, removal proceedings, release, or removal.

Key Provisions

• Bars federal funds for jurisdictions that impede DHS custody-information notices.
• Bars federal funds for jurisdictions that prevent up to 48-hour immigration detainer holds.
• Authorizes compliant political subdivisions inside ineligible jurisdictions to apply directly for funds.
• Uses federal assistance eligibility to pressure state and local immigration enforcement cooperation.