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H.R. 5826 114th Congress House

Detain and Deport Act

Official title: To clarify the authority of the Secretary of Homeland Security with respect to detainers, and for other purposes.

Introduced: July 14, 2016 See on congress.gov
Immigration Border security and unlawful immigrationCivil actions and liabilityCorrectional facilities and imprisonmentDetention of persons
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Government liabilityImmigration status and proceduresLaw enforcement administration and fundingState and local government operations
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This bill died when the 114th Congress ended
It never became law before the 114th Congress (2015–2016) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Aug 11, 2016
Referred to the Subcommittee on Immigration and Border Security.
Jul 14, 2016
Referred to the House Committee on the Judiciary.
Jul 14, 2016
Introduced in House
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 Latest action August 11, 2016

Referred to the Subcommittee on Immigration and Border Security.

 Plain-English summary Congressional Research Service

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.

 Related & companion bills 4
  • HR 1148 Michael Davis, Jr. in Honor of State and Local Law Enforcement Act
  • HR 3437 Protecting American Lives Act
  • S 1640 Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act
  • S 1842 Protecting American Lives Act
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 5826: Detain and Deport Act. 114th Congress. Open America. https://openamerica.io/bill/114-HR-5826/
MLA
"H.R. 5826: Detain and Deport Act." 114th Congress, 2026, Open America, https://openamerica.io/bill/114-HR-5826/.
Bluebook (legal)
H.R. 5826, 114th Cong. (2026), https://openamerica.io/bill/114-HR-5826/.
Markdown link
[H.R. 5826: Detain and Deport Act](https://openamerica.io/bill/114-HR-5826/)
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