Freedom to Cooperate Act

The "Freedom to Cooperate Act" aims to clarify federal jurisdiction over immigration law and policy by nullifying state and local sanctuary policies that restrict cooperation with federal enforcement. It asserts that federal law takes precedence, intending that state laws or directives should not hinder local law enforcement's ability to comply with federal immigration provisions and fully cooperate with federal agencies. The bill amends Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to explicitly prohibit states from restricting any government entity or personnel from complying with immigration laws or assisting federal enforcement. This includes preventing states from limiting law enforcement activities such as making inquiries about immigration status, notifying the federal government of encountered individuals, or complying with federal information requests. However, it clarifies that state law enforcement is not required to report or arrest victims or witnesses of criminal offenses. Furthermore, the legislation clarifies and strengthens the authority of Department of Homeland Security (DHS) detainers. It specifies that the Secretary of Homeland Security may issue a detainer for an individual arrested for a criminal or motor vehicle law violation if there is probable cause to believe they are inadmissible or deportable, with probable cause defined by several criteria. Upon compliance with a detainer, DHS is authorized to take custody of the individual within 48 hours, or up to 96 hours, following their scheduled release from state or local custody. The bill grants immunity to states, political subdivisions, and contracted entities that comply with a DHS detainer, deeming them to be acting under federal authority and holding them harmless from monetary damages, with the U.S. Government becoming the proper defendant in civil actions, except in cases of mistreatment.