Stop Dangerous Sanctuary Cities Act

II 117TH CONGRESS 1ST SESSION S. 42 To ensure that State and local law enforcement may cooperate with Federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the United States. IN THE SENATE OF THE UNITED STATES JANUARY 26, 2021 Mr. TOOMEY (for himself, Mr. JOHNSON, Mr. TILLIS, Mrs. BLACKBURN, Mr. RISCH, Mr. BLUNT, Mr. COTTON, Mr. GRASSLEY, Mr. TUBERVILLE, Mr. PAUL, Mr. INHOFE, Mr. DAINES, Mrs. FISCHER, Mr. BOOZMAN, Mr. BRAUN, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure that State and local law enforcement may cooper- ate with Federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Dangerous Sanc- 4 tuary Cities Act’’. 5 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 2 •S 42 IS SEC. 2. ENSURING THAT LOCAL AND FEDERAL LAW EN- 1 FORCEMENT OFFICERS MAY COOPERATE TO 2 SAFEGUARD OUR COMMUNITIES. 3 (a) AUTHORITY TO COOPERATE WITH FEDERAL OF- 4 FICIALS.—A State, a political subdivision of a State, or 5 an officer, employee, or agent of such State or political 6 subdivision that complies with a detainer issued by the De- 7 partment of Homeland Security under section 236 or 287 8 of the Immigration and Nationality Act (8 U.S.C. 1226 9 and 1357)— 10 (1) shall be deemed to be acting as an agent of 11 the Department of Homeland Security; and 12 (2) with regard to actions taken to comply with 13 the detainer, shall have all authority available to of- 14 ficers and employees of the Department of Home- 15 land Security. 16 (b) LEGAL PROCEEDINGS.—In any legal proceeding 17 brought against a State, a political subdivision of State, 18 or an officer, employee, or agent of such State or political 19 subdivision, which challenges the legality of the seizure or 20 detention of an individual pursuant to a detainer issued 21 by the Department of Homeland Security under section 22 236 or 287 of the Immigration and Nationality Act (8 23 U.S.C. 1226 and 1357)— 24 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 3 •S 42 IS (1) no liability shall lie against the State or po- 1 litical subdivision of a State for actions taken in 2 compliance with the detainer; and 3 (2) if the actions of the officer, employee, or 4 agent of the State or political subdivision were taken 5 in compliance with the detainer— 6 (A) the officer, employee, or agent shall be 7 deemed— 8 (i) to be an employee of the Federal 9 Government and an investigative or law 10 enforcement officer; and 11 (ii) to have been acting within the 12 scope of his or her employment under sec- 13 tion 1346(b) and chapter 171 of title 28, 14 United States Code; 15 (B) section 1346(b) of title 28, United 16 States Code, shall provide the exclusive remedy 17 for the plaintiff; and 18 (C) the United States shall be substituted 19 as defendant in the proceeding. 20 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 21 tion may be construed to provide immunity to any person 22 who knowingly violates the civil or constitutional rights of 23 an individual. 24 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 4 •S 42 IS SEC. 3. SANCTUARY JURISDICTION DEFINED. 1 (a) IN GENERAL.—Except as provided under sub- 2 section (b), for purposes of this Act, the term ‘‘sanctuary 3 jurisdiction’’ means any State or political subdivision of 4 a State that has in effect a statute, ordinance, policy, or 5 practice that prohibits or restricts any government entity 6 or official from— 7 (1) sending, receiving, maintaining, or exchang- 8 ing with any Federal, State, or local government en- 9 tity information regarding the citizenship or immi- 10 gration status (lawful or unlawful) of any individual; 11 or 12 (2) complying with a request lawfully made by 13 the Department of Homeland Security under section 14 236 or 287 of the Immigration and Nationality Act 15 (8 U.S.C. 1226 and 1357) to comply with a detainer 16 for, or notify about the release of, an individual. 17 (b) EXCEPTION.—A State or political subdivision of 18 a State shall not be deemed a sanctuary jurisdiction based 19 solely on its having a policy whereby its officials will not 20 share information regarding, or comply with a request 21 made by the Department of Homeland Security under sec- 22 tion 236 or 287 of the Immigration and Nationality Act 23 (8 U.S.C. 1226 and 1357) to comply with a detainer re- 24 garding, an individual who comes forward as a victim or 25 a witness to a criminal offense. 26 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 5 •S 42 IS SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CER- 1 TAIN FEDERAL FUNDS. 2 (a) ECONOMIC DEVELOPMENT ADMINISTRATION 3 GRANTS.— 4 (1) GRANTS FOR PUBLIC WORKS AND ECO- 5 NOMIC DEVELOPMENT.—Section 201(b) of the Pub- 6 lic Works and Economic Development Act of 1965 7 (42 U.S.C. 3141(b)) is amended— 8 (A) in paragraph (2), by striking ‘‘and’’ at 9 the end; 10 (B) in paragraph (3), by striking the pe- 11 riod at the end and inserting ‘‘; and’’; and 12 (C) by adding at the end the following: 13 ‘‘(4) the area in which the project is to be car- 14 ried out is not a sanctuary jurisdiction (as defined 15 in section 3 of the Stop Dangerous Sanctuary Cities 16 Act).’’. 17 (2) GRANTS FOR PLANNING AND ADMINISTRA- 18 TIVE EXPENSES.—Section 203(a) of the Public 19 Works and Economic Development Act of 1965 (42 20 U.S.C. 3143(a)) is amended by adding at the end 21 the following: ‘‘A sanctuary jurisdiction (as defined 22 in section 3 of the Stop Dangerous Sanctuary Cities 23 Act) may not be deemed an eligible recipient under 24 this subsection.’’. 25 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 6 •S 42 IS (3) SUPPLEMENTARY GRANTS.—Section 205(a) 1 of the Public Works and Economic Development Act 2 of 1965 (42 U.S.C. 3145(a)) is amended— 3 (A) in paragraph (2), by striking ‘‘and’’ at 4 the end; 5 (B) in paragraph (3)(B), by striking the 6 period at the end and inserting ‘‘; and’’; and 7 (C) by adding at the end the following: 8 ‘‘(4) will be carried out in an area that does not 9 contain a sanctuary jurisdiction (as defined in sec- 10 tion 3 of the Stop Dangerous Sanctuary Cities 11 Act).’’. 12 (4) GRANTS FOR TRAINING, RESEARCH, AND 13 TECHNICAL ASSISTANCE.—Section 207 of the Public 14 Works and Economic Development Act of 1965 (42 15 U.S.C. 3147) is amended by adding at the end the 16 following: 17 ‘‘(c) INELIGIBILITY OF SANCTUARY JURISDIC- 18 TIONS.—Grant funds authorized under this section may 19 not be used to provide assistance to a sanctuary jurisdic- 20 tion (as defined in section 3 of the Stop Dangerous Sanc- 21 tuary Cities Act).’’. 22 (b) COMMUNITY DEVELOPMENT BLOCK GRANTS.— 23 Title I of the Housing and Community Development Act 24 of 1974 (42 U.S.C. 5301 et seq.) is amended— 25 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 7 •S 42 IS (1) in section 102(a) (42 U.S.C. 5302(a)), by 1 adding at the end the following: 2 ‘‘(25) The term ‘sanctuary jurisdiction’ has the 3 meaning provided in section 3 of the Stop Dan- 4 gerous Sanctuary Cities Act.’’; and 5 (2) in section 104(b) (42 U.S.C. 5304(b))— 6 (A) in paragraph (5), by striking ‘‘and’’ at 7 the end; 8 (B) by redesignating paragraph (6) as 9 paragraph (7); and 10 (C) by inserting after paragraph (5) the 11 following: 12 ‘‘(6) the grantee is not a sanctuary jurisdiction 13 and will not become a sanctuary jurisdiction during 14 the period for which the grantee receives a grant 15 under this title; and’’; and 16 (3) in section 106 (42 U.S.C. 5306), by adding 17 at the end the following: 18 ‘‘(g) PROTECTION OF INDIVIDUALS AGAINST 19 CRIME.— 20 ‘‘(1) IN GENERAL.—No funds authorized to be 21 appropriated to carry out this title may be obligated 22 or expended for any State or unit of general local 23 government that is a sanctuary jurisdiction. 24 ‘‘(2) RETURNED AMOUNTS.— 25 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 8 •S 42 IS ‘‘(A) STATE.—If a State is a sanctuary ju- 1 risdiction during the period for which it receives 2 amounts under this title, the Secretary— 3 ‘‘(i) shall direct the State to imme- 4 diately return to the Secretary any such 5 amounts that the State received for that 6 period; and 7 ‘‘(ii) shall reallocate amounts returned 8 under clause (i) for grants under this title 9 to other States that are not sanctuary ju- 10 risdictions. 11 ‘‘(B) UNIT OF GENERAL LOCAL GOVERN- 12 MENT.—If a unit of general local government is 13 a sanctuary jurisdiction during the period for 14 which it receives amounts under this title, any 15 such amounts that the unit of general local gov- 16 ernment received for that period— 17 ‘‘(i) in the case of a unit of general 18 local government that is not in a non- 19 entitlement area, shall be returned to the 20 Secretary for grants under this title to 21 States and other units of general local gov- 22 ernment that are not sanctuary jurisdic- 23 tions; and 24 VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS 9 •S 42 IS ‘‘(ii) in the case of a unit of general 1 local government that is in a nonentitle- 2 ment area, shall be returned to the Gov- 3 ernor of the State for grants under this 4 title to other units of general local govern- 5 ment in the State that are not sanctuary 6 jurisdictions. 7 ‘‘(C) REALLOCATION RULES.—In reallo- 8 cating amounts under subparagraphs (A) and 9 (B), the Secretary— 10 ‘‘(i) shall apply the relevant allocation 11 formula under subsection (b), with all 12 sanctuary jurisdictions excluded; and 13 ‘‘(ii) shall not be subject to the rules 14 for reallocation under subsection (c).’’. 15 (c) EFFECTIVE DATE.—This section and the amend- 16 ments made by this section shall take effect on October 17 1, 2021. 18 Æ VerDate Sep 11 2014 04:11 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S42.IS S42 kjohnson on DSK79L0C42PROD with BILLS