H.R. 864 (119th)Bill Overview

Freedom to Cooperate Act

Immigration|Immigration
Cosponsors
Support
Independent
Introduced
Jan 31, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The Freedom to Cooperate Act prohibits states from restricting government entities or officials from cooperating with federal immigration enforcement, defines specific law-enforcement activities that states may not restrict, and clarifies ICE detainer authority. It sets probable-cause standards for detainers, establishes DHS custody pickup timelines (48–96 hours), and grants immunity to state/local entities (and contractors) complying with detainers, while exempting victims or witnesses from required reporting or arrest.

Why people may split

Progressives emphasize civil-rights harms and community trust loss

Watch point

Relative to its intended legislative type, this bill is a clearly drafted substantive policy change that directly amends immigration statutes and sets specific operational rules (detainer probable-cause standards, transfer timelines, enumerated permissible law-enforcement activities, and immunity provisions).

The Freedom to Cooperate Act prohibits states from restricting government entities or officials from cooperating with federal immigration enforcement, defines specific law-enforcement activities that states may not restrict, and clarifies ICE detainer authority.

It sets probable-cause standards for detainers, establishes DHS custody pickup timelines (48–96 hours), and grants immunity to state/local entities (and contractors) complying with detainers, while exempting victims or witnesses from required reporting or arrest.

Passage25/100

High ideological and federalism conflict plus litigation risk reduce prospects; narrow text helps but absent broader compromise or funding, Senate enactment unlikely.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a clearly drafted substantive policy change that directly amends immigration statutes and sets specific operational rules (detainer probable-cause standards, transfer timelines, enumerated permissible law-enforcement activities, and immunity provisions).

Contention76/100

Progressives emphasize civil-rights harms and community trust loss

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Local governments · Federal agenciesLocal governments · Immigrants

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Local governmentsIncreases legal clarity requiring state and local agencies to assist federal immigration enforcement.
  • Federal agenciesLikely increases federal removals by enabling more detainers and transfers to DHS custody.
  • Federal agenciesProvides immunity and federal indemnification for states and contractors complying with detainers.
Likely burdened
  • Local governmentsPreempts local sanctuary policies, reducing state and municipal discretion over immigration cooperation.
  • ImmigrantsCould chill immigrant reporting of crimes and victim cooperation due to fear of enforcement.
  • StatesRaises civil liberty concerns about detention based on database matches or voluntary statements.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize civil-rights harms and community trust loss
Progressive15%

Likely opposes the bill overall.

Supporters’ claims of federal clarity are outweighed by concerns about eroding community trust, civil liberties, and increased local participation in immigration enforcement.

The victims/witness exception is noted but seen as limited.

Likely resistant
Centrist60%

Mixed view: appreciates legal clarity and uniform detainer standards but worries about implementation, costs, and civil-liberties tradeoffs.

Will seek operational assurances, funding, and due-process or oversight measures before full support.

Split reaction
Conservative90%

Likely strongly supports the bill.

Sees it as restoring federal supremacy, preventing sanctuary policies from obstructing enforcement, and protecting cooperating jurisdictions legally.

Views detainer clarity and immunity as practical and necessary changes.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood25/100

High ideological and federalism conflict plus litigation risk reduce prospects; narrow text helps but absent broader compromise or funding, Senate enactment unlikely.

Scope and complexity
52%
Scopemoderate
24%
Complexitylow
Why this could stall
  • No CBO cost estimate or appropriation language included
  • Potential constitutional/Tenth Amendment challenges in courts
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize civil-rights harms and community trust loss

High ideological and federalism conflict plus litigation risk reduce prospects; narrow text helps but absent broader compromise or funding,…

Unlocked analysis

Relative to its intended legislative type, this bill is a clearly drafted substantive policy change that directly amends immigration statutes and sets specific operational rules (detainer probable-cause standards, trans…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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