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”.
No Illegal Captivity and Extensions Act of 2026
A BILL
To amend the Immigration and Nationality Act to eliminate immigration detainers.
Sec. 2 Elimination of immigration detainers
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).
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).
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”.
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.