January 27, 2026
Ms. Garcia of Texas (for herself, Mr. Espaillat, Ms. Clarke of New York, Mr. Jackson of Illinois, Ms. Wilson of Florida, Ms. Titus, Mr. Carter of Louisiana, Ms. Salinas, Mr. García of Illinois, and Ms. Pingree) introduced the following bill; which was referred to the Committee on the Judiciary
To repeal section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Section 1. Short title
This Act may be cited as the Restoring Community Trust Act of 2026
.
Sec. Repeal of communication between government agencies and the immigration and naturalization service
(a) Findings
Congress finds the following:
(1)
The Constitution clearly establishes a system of dual sovereignty in which the Federal Government and the States retain distinct and independent spheres of authority, including primary responsibility for the organization, administration, and supervision of State and local government employees.
(2)
Under Supreme Court precedent, including New York v. United States (1992), Printz v. United States (1997), and Murphy v. NCAA (2018), the Federal Government may not compel States or political subdivisions to administer or enforce Federal regulatory programs. It also may not prohibit States from controlling their internal governmental operations.
(3)
Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) threatens the ability of State and local governments to establish policies governing the receipt, use, and disclosure of information by their own public institutions, intruding into areas of traditional State and local authority.
(4)
State and local governments have a substantial interest in fostering trust between residents and public institutions, including law enforcement, to promote public safety, emergency response, and community engagement.
(5)
Many interactions between individuals and State or local agencies occur for purposes completely unrelated to Federal immigration enforcement, and information sharing in such contexts may undermine the effectiveness of those governmental functions.
(6)
The Federal Government retains exclusive authority over civil immigration enforcement and possesses independent tools and resources to enforce Federal immigration law without trying to regulate State or local governments.
(7)
A repeal of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) would not limit the Federal Government’s authority to enforce Federal immigration law or to obtain information through means otherwise authorized by law.
(8)
Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) has generated legal uncertainty and litigation concerning its constitutionality and its interaction with Federal grant programs, imposing administrative and financial burdens on State and local governments.
(9)
Effective governance is best achieved when responsibility for Federal law enforcement remains with Federal authorities and responsibility for State and local government remains with State and local officials accountable to their residents.
(10)
The purpose of repealing section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is to restore constitutional balance, reduce legal ambiguity, and respect State and local control over internal governmental operations.
(11)
That nothing in this Act shall be construed to prohibit or restrict any State or unit of local government from communicating, cooperating, or sharing information with a Federal immigration authority, consistent with applicable State or local law or otherwise limit the authority of the Federal Government to enforce the immigration laws (as such term is defined under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
(b) Repeal
Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.