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H.R.5826 / 114th Congress

Detain and Deport Act

Referred to the Subcommittee on Immigration and Border Security.

Official summary

Version 00 · Introduced in House · Jul 14, 2016

Detain and Deport Act

This bill provides that a state or political subdivision that has in effect a statute, policy, or practice providing that it not comply with any Department of Homeland Security (DHS) detainer ordering it to temporarily hold an alien in its custody so that the alien may be taken into federal custody or to transport the alien for transfer to federal custody shall not be eligible to receive any law enforcement or DHS grant.

A state or political subdivision acting in compliance with such a DHS detainer shall be considered to be acting under color of federal authority for purposes of determining its liability and immunity from suit in civil actions brought by the aliens.

It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this bill.

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Who introduced it

Rep. Brat, Dave [R-VA-7] · R–VA

Committees

  • Judiciary Committee
1 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Immigration and Border Security.

  2. Referred to the House Committee on the Judiciary.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Aug 12, 2025. Consult Congress.gov for the current record.

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Objective

Analyze H.R.5826 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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