HR 5411
Sovereign Enforcement Integrity Act of 2025
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Bill overview
This bill prevents state and local law enforcement agencies from arresting or detaining foreign nationals within the United States simply because they are subject to an indictment, warrant, or request from the International Criminal Court (ICC). It aims to protect U.S. foreign policy interests and constitutional principles, ensuring that international law enforcement actions are governed by federal standards. The bill establishes a process for potential cooperation with the ICC, requiring congressional authorization or a presidential certification for specific cases. Finally, it clarifies that any state or local laws conflicting with this act are superseded.
Key provisions
- Prohibits state and local law enforcement from arresting foreign nationals based on ICC requests.
- Prevents cooperation with the ICC in such arrests or detentions.
- Requires congressional authorization for ICC cooperation in specific cases.
- Requires presidential certification for ICC cooperation if it’s vital to national security.
- States and localities cannot use resources to carry out ICC actions.
- Establishes a process for superseding conflicting state and local laws.
Who is affected
- State and local law enforcement agencies
- Foreign nationals residing in the United States
- The International Criminal Court
- Federal Government
Notable changes
- Creates a federal standard for handling ICC requests regarding foreign nationals.
- Limits the authority of state and local law enforcement to act on ICC warrants.
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 5411
IN THE HOUSE OF REPRESENTATIVES
A BILL
To prohibit State and local law enforcement from arresting foreign nationals within the United States solely on the basis of an indictment, warrant, or request issued by the International Criminal Court, and for other purposes.
This Act may be cited as the Sovereign Enforcement Integrity Act of 2025
.
Congress finds the following:
The United States is not a party to the Rome Statute establishing the International Criminal Court (ICC).
The Constitution provides the Federal Government with exclusive authority over foreign relations and the treatment of foreign nationals within the territory of the United States.
The arrest or detention of foreign nationals on United States soil pursuant to an ICC request or indictment, absent Federal authorization, could jeopardize the foreign policy interests of the United States and conflict with longstanding constitutional principles.
Law enforcement activities implicating international law enforcement obligations must be governed by uniform national standards.
The purpose of this Act is to preempt State and local law enforcement from executing, honoring, or enforcing any request, warrant, or indictment issued by the International Criminal Court unless expressly authorized by Federal law.
No officer, employee, or agent of a State, territory, the District of Columbia, or any political subdivision thereof, shall—
arrest, detain, or otherwise deprive a foreign national of liberty based solely on a warrant, indictment, summons, or other process issued by the International Criminal Court;
cooperate with, or provide assistance to, the International Criminal Court in effectuating such an arrest or detention; or
use any funds, facilities, personnel, or equipment to carry out any action described in paragraph (1) or (2).
The prohibitions in subsection (a) shall not apply if—
Congress enacts legislation expressly authorizing cooperation with the International Criminal Court in a specific case; or
This Act supersedes any State or local law, policy, or regulation that permits, requires, or authorizes any action inconsistent with this Act.
If any provision of this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act and the application of the provisions to any other person or circumstance shall not be affected.