S. 3744: A bill to amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.

A bill to amend chapter 93 of title 18, United States Code, to prohibit obstruction of immigration laws by official interference.

This bill would make it a federal crime for state or local government officials, acting under the color of law, to intentionally impede or obstruct the enforcement of federal immigration laws. Specifically, the legislation prohibits jurisdictions from adopting or enforcing policies that:

• Prevent federal immigration authorities from accessing nonsecure areas of local detention facilities to interview or apprehend an illegal alien.

• Conceal, harbor, or shield an illegal alien from federal arrest or removal proceedings, including by altering or withholding immigration status records.

• Require or facilitate the release of an illegal alien from local custody without providing federal authorities at least 48 hours' notice and the opportunity to assume custody.

• Restrict local law enforcement from sharing citizenship or immigration status information with federal authorities.

• Prohibit compliance with lawful Department of Homeland Security (DHS) detainers.

Further, it establishes federal criminal penalties for officials who violate these provisions. If an official's actions result in the release of an illegal alien who subsequently commits an act causing serious bodily injury, the official could face up to 20 years in prison. If the released individual commits an act resulting in death, the official could face up to life in prison. Other violations carry a penalty of up to 10 years in prison.