S. 1039Senate115th Congress (2017-2019)In Committee

A bill to indemnify local law enforcement entities for complying with valid detainers issued by immigration officers.

Sponsored by Jeff FlakeSen. Jeff Flake (R-AZ)
Introduced May 4, 2017

AI-Generated Summary

Updated April 15, 2026 at 3:15 PM UTC

The bill would protect state and local law‑enforcement agencies from financial liability when they follow immigration detainers issued by ICE. It requires the federal government to cover any legally recognized injuries that result from those detainers. The measure adds language to the Immigration and Nationality Act to formally indemnify states, their employees, and elected officials who act in good faith on ICE requests. The bill applies to any local entity that temporarily detains or transports an immigrant to a federal facility at ICE’s request.

Key Provisions

  • States, localities, and their employees or elected officials are indemnified—held harmless—from claims when they comply in good faith with ICE detainer requests, subject to available appropriations.
  • The federal government must pay for any legally cognizable injuries to third parties that arise from the issuance and execution of immigration detainers.
  • The bill amends Section 287 of the Immigration and Nationality Act to add the indemnification language.
  • A savings provision clarifies that the act does not eliminate any existing legal causes of action.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S2776)

May 4, 2017

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SenateIntro Referral

Introduced in Senate

May 4, 2017

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S2776)

May 4, 2017

Floor Debate

19 members

What members said about S. 1039 on the floor

11 Republicans8 Democrats
Jeff Merkley
Sen. Jeff MerkleyD-OR · May 4, 2017

Mr. President, I compliment our colleague from Florida on his articulating this powerful vision for humankind, which is the ability to look into the night sky and ponder the mysteries of the…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · May 4, 2017

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask unanimous consent that if the motion to concur in the House amendment to the Senate…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · May 4, 2017

Mr. President, as one of the Senators who has read this bill, I would note that most of this bill has been here since November. We were prepared to go in November and vote on each part of it…

John McCain
Sen. John McCainR-AZ · May 4, 2017

Mr. President, I come to the floor once again to discuss the threats facing our country, the challenges confronting the brave men and women of our Armed Forces. I feel compelled to remind my…

Todd Young
Sen. Todd YoungR-IN · May 4, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Today, Mr. President, I rise to speak from the floor of this proud Chamber for the first time. My message today…

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Charles E. Schumer
Sen. Charles E. SchumerD-NY · May 4, 2017

Mr. President, yesterday afternoon the House approved the Omnibus appropriations bill that will fund the government through September. The bill is the result of weeks and weeks of bipartisan,…

Maria Cantwell
Sen. Maria CantwellD-WA · May 4, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I come this morning to talk about the impending passage of a very failed healthcare bill in the…

Mitch McConnell
Sen. Mitch McConnellR-KY · May 4, 2017

Mr. President, I congratulate Senator Young on his first major speech in the Senate. It was truly inspirational. Our colleagues who are here on the floor have had an opportunity to listen to a very…

Bill Nelson
Sen. Bill NelsonD-FL · May 4, 2017

Mr. President, many, many thanks to the leader for his kind remarks. The final bill was negotiated by the big four--the two leaders in the Senate and the two leaders in the House. It was not going to…

John Cornyn
Sen. John CornynR-TX · May 4, 2017

Mr. President, if I may speak on the bill before the Senate, yesterday the House of Representatives passed the Omnibus appropriations bill. Of course, this is the legislation that keeps the Congress…

Tom Cotton
Sen. Tom CottonR-AR · May 4, 2017

Mr. President, I am going to be voting no on this 1,700- page bill. I am not blind to some of the good parts of the bill. It includes last year's Intelligence Authorization Act, and it includes some…

Chris Van Hollen
Sen. Chris Van HollenD-MD · May 4, 2017

Mr. President, I support the Omnibus appropriations bill before us today. While this bill is not perfect, it is a strong statement of priorities, especially in light of the misguided and dangerous…

Jeff Flake
Sen. Jeff FlakeR-AZ · May 4, 2017

Mr. President, immigration enforcement is one of the Federal Government's most essential responsibilities. It is also one of the most debated and rightly so. Those of us in this body need to ensure…

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Jeff Flake
Sen. Jeff FlakeR-AZ · May 4, 2017

Mr. President, immigration enforcement is one of the Federal Government's most essential responsibilities. It is also one of the most debated and rightly so. Those of us in this body need to ensure…

Michael B. Enzi
Sen. Michael B. EnziR-WY · May 4, 2017

Mr. President, section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, BBEDCA, establishes statutory limits on discretionary spending and allows for various adjustments to those…

Thad Cochran
Sen. Thad CochranR-MS · May 4, 2017

Mr. President, this afternoon, the Senate will consider the Consolidated Appropriations Act of 2017. The bill will fund the Federal Government for the remainder of this fiscal year. I urge the Senate…

Jon Tester
Sen. Jon TesterD-MT · May 4, 2017

Mr. President, I ask unanimous consent for 3 minutes, and it will probably be less than that. Mr. President, I would like to thank the body for this bill. This is an omnibus, and I am going to vote…

Richard Burr
Sen. Richard BurrR-NC · May 4, 2017

Mr. President, this explanation reflects the status of negotiations and disposition of issues reached between the House Permanent Select Committee on Intelligence and the Senate Select Committee on…

Joe Donnelly
Sen. Joe DonnellyD-IN · May 4, 2017

Mr. President, I also congratulate my colleague from Indiana. He is a terrific partner. The theme of his speech of working together and building on Hoosier common sense couldn't be more important,…

Jeff Flake
Sen. Jeff FlakeR-AZ · May 4, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I yield back the remainder of my time. I suggest the absence of a quorum.

Roger F. Wicker
Sen. Roger F. WickerR-MS · May 4, 2017

I ask for the yeas and nays.

Bill Text

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Introduced in SenateIssued May 4, 2017

II

115th CONGRESS

1st Session

S. 1039

IN THE SENATE OF THE UNITED STATES

May 4, 2017

Mr. Flake (for himself and Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To indemnify local law enforcement entities for complying with valid detainers issued by immigration officers.

1.

Statement of purpose

The purpose of this Act is to ensure that States and localities do not incur costs by complying in good faith with immigration detainers issued by the Federal Government.

2.

Federal Government costs

Since immigration detainers are issued by Federal officials based upon information about an alien’s immigration status that is often only known by such officials, the Federal Government shall be responsible to pay for the costs of any legally cognizable injuries to third parties resulting from the issuance and execution of such detainers.

3.

Indemnification for local law enforcement

Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following:

(i)

Subject to available appropriations, a State or its employee, a political subdivision of a State or its employee, or an elected official that receives a request from U.S. Immigration and Customs Enforcement to temporarily detain an alien or transport the alien to a Federal detention center shall be indemnified and held harmless by the Secretary of Homeland Security from all claims by any person that may arise from good faith compliance with such request.

.

4.

Savings provision

Nothing in this Act may be construed to preclude a legal cause of action.