Ending Sanctuary Cities Act of 2021

II 117TH CONGRESS 1ST SESSION S. 875 To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Mr. KENNEDY introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other pur- poses. 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 ‘‘Ending Sanctuary Cit- 4 ies Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 22:54 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S875.IS S875 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 875 IS (1) The term ‘‘detainer’’ means any order or re- 1 quest by the Secretary of Homeland Security— 2 (A) to temporarily hold an alien in custody 3 until such alien may be taken into Federal cus- 4 tody; 5 (B) to transport an alien for transfer to 6 Federal custody; or 7 (C) to notify the Secretary of Homeland 8 Security before the release of an alien from 9 State or local custody. 10 (2) The term ‘‘immigration laws’’ has the 11 meaning given such term under section 101 of the 12 Immigration and Nationality Act (8 U.S.C. 1101). 13 (3) The term ‘‘unit of local government’’ has 14 the meaning given such term under section 15 901(a)(3) of the Omnibus Crime Control and Safe 16 Streets Act of 1968 (34 U.S.C. 10251(a)(3)). 17 SEC. 3. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN 18 JURISDICTIONS THAT VIOLATE THE IMMI- 19 GRATION LAWS. 20 (a) INELIGIBLE JURISDICTIONS.—A State or unit of 21 local government is an ineligible jurisdiction for purposes 22 of this section if such State or unit of local government— 23 VerDate Sep 11 2014 22:54 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S875.IS S875 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 875 IS (1) violates section 642 of the Illegal Immigra- 1 tion Reform and Immigrant Responsibility Act of 2 1996 (8 U.S.C. 1373); 3 (2) otherwise restricts compliance with a de- 4 tainer issued by the Secretary of Homeland Secu- 5 rity; or 6 (3) has any law or policy in effect that violates 7 the immigration laws. 8 (b) ANNUAL DETERMINATION OF INELIGIBLE JURIS- 9 DICTIONS.—Not later than 1 year after the date of the 10 enactment of this Act, and annually thereafter, the Sec- 11 retary of Homeland Security shall— 12 (1) determine which States and units of local 13 government are ineligible jurisdictions based on the 14 criteria set forth in subsection (a); and 15 (2) submit a list of such ineligible jurisdictions, 16 including the specific criteria upon which each such 17 determination was based, to Congress. 18 (c) PROHIBITION ON FEDERAL FINANCIAL ASSIST- 19 ANCE.—A State or unit of local government may not re- 20 ceive any Federal financial assistance (as such term is de- 21 fined in section 7501(a)(5) of title 31, United States 22 Code) for the fiscal year following any fiscal year in which 23 the Secretary of Homeland Security determines that such 24 VerDate Sep 11 2014 22:54 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S875.IS S875 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 875 IS State or unit of local government is an ineligible jurisdic- 1 tion under this section. 2 SEC. 4. LIMITATION ON LIABILITY FOR COMPLIANCE WITH 3 DETAINER. 4 A State or unit of local government, and any law en- 5 forcement officer of such State or unit of local govern- 6 ment, acting in compliance with a detainer issued by the 7 Secretary of Homeland Security, shall be considered to be 8 acting under color of Federal authority for purposes of 9 determining liability, and immunity from suit, in any civil 10 action brought by the alien under Federal or State law. 11 SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCE- 12 MENT. 13 Section 15(a) of the Fair Labor Standards Act (29 14 U.S.C. 215(a)) is amended— 15 (1) in paragraph (5), by striking the period at 16 the end and inserting ‘‘; or’’; and 17 (2) by adding at the end the following: 18 ‘‘(6) in the case of a State or unit of local gov- 19 ernment, to discharge or in any other manner dis- 20 criminate against any law enforcement officer of 21 that State or unit of local government because such 22 law enforcement officer has taken any action to com- 23 ply with a detainer (as such term is defined in sec- 24 VerDate Sep 11 2014 22:54 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S875.IS S875 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 875 IS tion 2 of the Ending Sanctuary Cities Act of 2021) 1 issued by the Secretary of Homeland Security.’’. 2 Æ VerDate Sep 11 2014 22:54 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S875.IS S875 pamtmann on DSKBC07HB2PROD with BILLS