119-S-3805 Journalist Public Summary

Public Summary — Document 119-S-3805 (S. 3805: End Sanctuary Cities Act of 2026)

Headline Summary: A Republican-led bill to penalize state or local officials who stop their agencies from cooperating with federal immigration requests, aiming to curb “sanctuary” policies. (lgraham.senate.gov)

What It Does: The bill creates a new federal offense for a “responsible executive official” (such as a governor or mayor’s top executive) who, acting under color of law, blocks or limits compliance with Department of Homeland Security requests for advance notice before a person in local custody who is a non‑citizen charged with or convicted of a crime is released. It defines “reasonable advance notice” as, when possible, at least 48 hours, and sets tiered criminal penalties for officials—ranging up to 25 years in prison in the most serious cases (e.g., when the released person was charged with or convicted of offenses like murder, rape, or certain sex offenses against a minor). (lgraham.senate.gov)

• Who’s For It: Sponsor Sen. Lindsey Graham (R‑SC) says the bill would "end sanctuary city policies" and follows consultation with the Trump White House; GOP backers frame it as restoring federal authority and public safety. (lgraham.senate.gov)
• Who’s For It (context): Similar anti‑sanctuary proposals in this Congress have been led by Republican senators and framed as protecting victims and ensuring cooperation with ICE. (budd.senate.gov)

• Who’s Against It: Many Democratic officials in cities and states with sanctuary‑type rules, along with immigrant‑rights advocates, argue the bill would violate the Tenth Amendment’s anti‑commandeering principle that limits federal power to direct state and local officials. They point to Supreme Court precedents like Printz v. United States and Murphy v. NCAA. (oyez.org)
• Police‑and‑mayor groups have warned that forcing local participation in federal civil immigration enforcement can undermine community trust and public safety and erode local control. (usmayors.org)
• Research cited in the debate finds no overall crime increase in sanctuary jurisdictions, and some evidence that trust‑oriented approaches can improve reporting. (thecgo.org)

What’s Next: As of February 10, 2026, S. 3805 has been read a second time and placed on the Senate Legislative Calendar (General Orders, Calendar No. 318). No committee markup or floor vote has occurred yet. (congress.gov)