Us Congress 2025-2026 Regular Session

Us Congress House Bill HB218

Introduced
2/11/25  

Caption

State Immigration Enforcement Act This bill authorizes state and local governments to enact and enforce laws that penalize conduct prohibited under federal immigration law. Such state and local laws may only impose civil and criminal penalties that do not exceed the penalties imposed by federal law. The bill also revokes a federal law that preempts (blocks) state and local laws that impose civil or criminal penalties for employing non-U.S. nationals who are not authorized to work in the United States.

Impact

The SHIELD Act introduces specific penalties for violations, including fines and imprisonment, thereby reinforcing the legal repercussions associated with the unauthorized distribution of intimate images. The penalties vary depending on whether the distribution involves minors or adults, with harsher consequences for offenses involving minors. This approach acknowledges the serious implications of such violations on a victim's privacy, mental health, and safety, and seeks to provide a deterrent against such behaviors across the country.

Summary

House Bill 1218, known as the SHIELD Act of 2025, is oriented towards combating the illicit distribution of private intimate visual depictions without consent. The bill aims to amend Title 18 of the United States Code to establish that it is unlawful to knowingly distribute such depictions with reckless disregard for the individual’s lack of consent. It primarily targets scenarios where individuals have reasonable expectations of privacy regarding their intimate visuals and provides a legal framework intended to protect individuals, especially in an age where digital images are easily shared.

Contention

While supporters of the SHIELD Act argue that it will enhance protections against digital exploitation and help victims reclaim their dignity, there are notable points of contention regarding the bill. Critics may raise concerns about the practical enforcement of these laws, including the definition of consent and the challenges in distinguishing between consent to create versus consent to distribute images. Furthermore, internet service providers and platforms might voice apprehensions about the implications of being held liable for content shared by users, potentially invoking debates on free speech and responsibility in the digital space.

Congress_id

119-HR-218

Policy_area

Immigration

Introduced_date

2025-01-07

Companion Bills

US SB516

Related bill SHIELD Act of 2023 Stopping Harmful Image Exploitation and Limiting Distribution Act of 2025

Previously Filed As

US HB92

State Immigration Enforcement Act This bill authorizes state and local governments to enact and enforce laws that penalize conduct prohibited under federal immigration law. Such state and local laws may only impose civil and criminal penalties that do not exceed the penalties imposed by federal law. The bill also revokes a federal law that preempts (blocks) state and local laws that impose civil or criminal penalties for employing non-U.S. nationals who are not authorized to work in the United States.

US HB36

Patrick Underwood Federal Law Enforcement Protection Act of 2023 This bill revises the federal criminal statute that prohibits assaulting, resisting, or impeding certain federal officers or employees. Among other changes, the bill increases the applicable penalties for such offenses.

US HB28

Illegal Alien NICS Alert Act This bill requires the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and relevant state and local law enforcement agencies when the system indicates that a prospective firearm transferee is illegally or unlawfully in the United States.

US HB10415

To amend the Immigration and Nationality Act to provide that employment authorization is only available to aliens who are lawfully present in the United States, and for other purposes.

US HB47

Victims Of Immigration Crime Engagement Restoration Act or the VOICE Restoration Act This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status.

US HB64

David Ray Hate Crimes Prevention Act of 2022 or David’s Law This bill adds hate crime offenses and penalties to the criminal civil rights statute that prohibits interference with federally protected activities. Current law already prohibits and penalizes similar offenses under the criminal civil rights statute that prohibits hate crime offenses. Additionally, the bill authorizes state and local grants to combat hate crimes committed by juveniles. It also authorizes the Department of the Treasury and the Department of Justice to hire additional personnel to prevent and respond to alleged criminal civil rights offenses involving interference with federally protected activities. Finally, the bill directs the U.S. Sentencing Commission to study whether it is appropriate to provide a sentencing enhancement for adult defendants who recruit minors to commit hate crime offenses.

US HB353

Protect Local Farms Act This bill preempts state laws that provide for a maximum workweek of less than 60 hours for agricultural employees. Under federal law, agricultural employees are generally exempt from maximum hours (i.e., overtime) requirements.

US HB58

Federal Information Resource to Strengthen Ties with State and Local Law Enforcement Act of 2023 or the FIRST State and Local Law Enforcement Act of 2023 This bill requires the Department of Homeland Security's Office for State and Local Law Enforcement to report annually on its activities.

US HB7215

To express the sense of Congress that aliens who are present in the United States without lawful status under the immigration laws should not receive any benefit under the Medicare program or under the Medicaid program.

US HB233

Qualified Immunity Act of 2023 This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as Bivens lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known. The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear for every reasonable officer to know that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional. The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.

Similar Bills

HI HB286

Relating To The Individual Housing Account Program.

HI HB634

Relating To The Individual Housing Account Program.

HI HB1274

Relating To The Individual Housing Account Program.

HI HB634

Relating To The Individual Housing Account Program.

HI HB939

Relating To The Individual Housing Account Program.

HI HB1701

Relating To The Individual Housing Account Program.

HI HB1274

Relating To The Individual Housing Account Program.

CA AB1280

Crimes: deceptive recordings.