[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Page S1229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4481. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1383, to establish the Veterans Advisory Committee 
on Equal Access, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OBSTRUCTION OF IMMIGRATION LAWS BY OFFICIAL 
                   INTERFERENCE.

       (a) In General.--Chapter 93 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1925. Obstruction of immigration laws by official 
       interference

       ``(a) Definitions.--In this section--
       ``(1) the term `criminal alien' means an alien (as defined 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1001(a))) who has been charged with or convicted of a 
     crime under Federal or State law;
       ``(2) the terms `Federal sex offense' and `minor' have the 
     meanings given such terms in section 3559(e)(2);
       ``(3) the term `immigration laws' has the meaning given 
     that term in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a));
       ``(4) the term `reasonable advance notice', with respect to 
     the release of a criminal alien, means notice regarding the 
     scheduled release date and time of the criminal alien that is 
     provided as early as practicable and, unless impossible, at 
     least 48 hours prior to release;
       ``(5) the term `responsible executive official', with 
     respect to a law, regulation, policy, practice, or action, 
     means the most senior executive official of a State or unit 
     of government charged with overseeing execution of the law, 
     regulation, policy, practice, or action.
       ``(6) the term `serious violent felony' has the meaning 
     given that term in section 3559(c)(2);
       ``(7) the terms `State' and `unit of local government' have 
     the meanings given such terms in section 901(a) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10251(a)); and
       ``(8) the term `State sex offense' means a State or 
     Military sex offense (as defined in section 3559(e)(2)) that 
     is an offense under State law.
       ``(b) Prohibited Conduct.--It shall be unlawful for any 
     responsible executive official of a State or unit of local 
     government, acting under color of law, to knowingly prohibit, 
     limit, or restrict compliance with any formal request under 
     the immigration laws by the Department of Homeland Security 
     for reasonable advance notice regarding the release of a 
     criminal alien, including through establishing, directing, 
     implementing, or enforcing any pertinent law, regulation, 
     policy, practice, or action.
       ``(c) Penalties.--A person who violates subsection (b)--
       ``(1) if the violation results in the release from custody 
     of a criminal alien who has been charged with or convicted of 
     an offense consisting of murder, rape, or a Federal sex 
     offense or State sex offense against a minor, shall be fined 
     under this title, imprisoned for not less than 10 years and 
     not more than 25 years, or both;
       ``(2) if the violation results in the release from custody 
     of a criminal alien who has been charged with or convicted of 
     an offense that is a serious violent felony, shall be fined 
     under this title, imprisoned for not less than 5 years and 
     not more than 10 years, or both; or
       ``(3) if the violation results in the release from custody 
     of a criminal alien who has been charged with or convicted of 
     any other Federal or State criminal offense, shall be fined 
     under this title, imprisoned for not less than 30 days and 
     not more than 6 months, or both.''.
       (b) Severability Clause.--If any provision of this section, 
     an amendment made by this section, or the application of such 
     a provision or amendment to any particular person or 
     circumstance is held invalid, the remaining provisions of 
     this section and the amendments made by this section, and the 
     application of such remaining provisions and amendments to 
     any other person or circumstance, shall not be affected 
     thereby.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 93 of title 18, United States Code, is 
     amended by adding at the end the following:
``1925. Obstruction of immigration laws by official interference.''.
                                 ______