May 11, 2026
Mr. Frost (for himself, Mr. Garcia of California, Ms. Ansari, and Mr. Bell) introduced the following bill; which was referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to eliminate immigration detainers.
Section 1. Short title
This Act may be cited as the No Illegal Captivity and Extensions Act of 2026
or as the NICE Act of 2026
.
Sec. 2. Elimination of immigration detainers
(a) Apprehension and detention of aliens
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended by striking paragraph (3).
(b) Detainer of aliens for violation of controlled substances laws
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by striking subsection (d).
(c) Intergovernmental service agreements
Section 103(a)(11)(B) of the Immigration and Nationality Act (8 U.S.C. 1103(a)(11)(B)) is amended by inserting before the period at the end the following: , except that the Secretary may not impose, as a condition of any such agreement, that any other party enforce a detainer or hold issued by the Secretary
.
(d) General prohibition
Notwithstanding any other provision of law, the Secretary of Homeland Security may not issue or enforce any detainer or hold under the immigration laws, including through the use of an intergovernmental service agreement, basic ordering agreement, or any other written or informal instrument of understanding with any Federal, State, or local law enforcement agency.