No Sanctuary for Criminals Act

I 117TH CONGRESS 1ST SESSION H. R. 3375 To amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivisions of States, in the en- forcement of Federal immigration laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Mr. BROOKS (for himself and Mr. GOODEN of Texas) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivisions of States, in the enforcement of Federal immigration laws, and for other purposes. 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 ‘‘No Sanctuary for 4 Criminals Act’’. 5 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3375 IH SEC. 2. STATE NONCOMPLIANCE WITH ENFORCEMENT OF 1 IMMIGRATION LAW. 2 (a) IN GENERAL.—Section 642 of the Illegal Immi- 3 gration Reform and Immigrant Responsibility Act of 1996 4 (8 U.S.C. 1373) is amended— 5 (1) by striking subsection (a) and inserting the 6 following: 7 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 8 vision of Federal, State, or local law, no Federal, State, 9 or local government entity, and no individual, may prohibit 10 or in any way restrict, a Federal, State, or local govern- 11 ment entity, official, or other personnel from complying 12 with the immigration laws (as defined in section 13 101(a)(17) of the Immigration and Nationality Act (8 14 U.S.C. 1101(a)(17))), or from assisting or cooperating 15 with Federal law enforcement entities, officials, or other 16 personnel regarding the enforcement of these laws.’’; 17 (2) by striking subsection (b) and inserting the 18 following: 19 ‘‘(b) LAW ENFORCEMENT ACTIVITIES.—Notwith- 20 standing any other provision of Federal, State, or local 21 law, no Federal, State, or local government entity, and no 22 individual, may prohibit, or in any way restrict, a Federal, 23 State, or local government entity, official, or other per- 24 sonnel from undertaking any of the following law enforce- 25 ment activities as they relate to information regarding the 26 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3375 IH citizenship or immigration status, lawful or unlawful, the 1 inadmissibility or deportability, or the custody status, of 2 any individual: 3 ‘‘(1) Making inquiries to any individual in order 4 to obtain such information regarding such individual 5 or any other individuals. 6 ‘‘(2) Notifying the Federal Government regard- 7 ing the presence of individuals who are encountered 8 by law enforcement officials or other personnel of a 9 State or political subdivision of a State. 10 ‘‘(3) Complying with requests for such informa- 11 tion from Federal law enforcement entities, officials, 12 or other personnel.’’; 13 (3) in subsection (c), by striking ‘‘Immigration 14 and Naturalization Service’’ and inserting ‘‘Depart- 15 ment of Homeland Security’’; and 16 (4) by adding at the end the following: 17 ‘‘(d) COMPLIANCE.— 18 ‘‘(1) ELIGIBILITY FOR CERTAIN GRANT PRO- 19 GRAMS.—A State, or a political subdivision of a 20 State, that is found not to be in compliance with 21 subsection (a) or (b) shall not be eligible to receive— 22 ‘‘(A) any of the funds that would otherwise 23 be allocated to the State or political subdivision 24 under section 241(i) of the Immigration and 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3375 IH Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 1 on the Beat’ program under part Q of title I of 2 the Omnibus Crime Control and Safe Streets 3 Act of 1968 (42 U.S.C. 3796dd et seq.), or the 4 Edward Byrne Memorial Justice Assistance 5 Grant Program under subpart 1 of part E of 6 title I of the Omnibus Crime Control and Safe 7 Streets Act of 1968 (42 U.S.C. 3750 et seq.); 8 or 9 ‘‘(B) any other grant administered by the 10 Department of Justice or the Department of 11 Homeland Security that is substantially related 12 to law enforcement, terrorism, national security, 13 immigration, or naturalization. 14 ‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND- 15 ING REMOVAL PROCEEDINGS.—The Secretary, at the 16 Secretary’s discretion, may decline to transfer an 17 alien in the custody of the Department of Homeland 18 Security to a State or political subdivision of a State 19 found not to be in compliance with subsection (a) or 20 (b), regardless of whether the State or political sub- 21 division of the State has issued a writ or warrant. 22 ‘‘(3) TRANSFER OF CUSTODY OF CERTAIN 23 ALIENS PROHIBITED.—The Secretary shall not 24 transfer an alien with a final order of removal pur- 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3375 IH suant to paragraph (1)(A) or (5) of section 241(a) 1 of the Immigration and Nationality Act (8 U.S.C. 2 1231(a)) to a State or a political subdivision of a 3 State that is found not to be in compliance with sub- 4 section (a) or (b). 5 ‘‘(4) ANNUAL DETERMINATION.—The Secretary 6 shall determine for each calendar year which States 7 or political subdivision of States are not in compli- 8 ance with subsection (a) or (b) and shall report such 9 determinations to Congress by March 1 of each suc- 10 ceeding calendar year. 11 ‘‘(5) REPORTS.—The Secretary of Homeland 12 Security shall issue a report concerning the compli- 13 ance with subsections (a) and (b) of any particular 14 State or political subdivision of a State at the re- 15 quest of the House or the Senate Judiciary Com- 16 mittee. Any jurisdiction that is found not to be in 17 compliance shall be ineligible to receive Federal fi- 18 nancial assistance as provided in paragraph (1) for 19 a minimum period of 1 year, and shall only become 20 eligible again after the Secretary of Homeland Secu- 21 rity certifies that the jurisdiction has come into com- 22 pliance. 23 ‘‘(6) REALLOCATION.—Any funds that are not 24 allocated to a State or to a political subdivision of 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3375 IH a State due to the failure of the State or of the po- 1 litical subdivision of the State to comply with sub- 2 section (a) or (b) shall be reallocated to States or to 3 political subdivisions of States that comply with both 4 such subsections. 5 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 6 require law enforcement officials from States, or from po- 7 litical subdivisions of States, to report or arrest victims 8 or witnesses of a criminal offense.’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 this section shall take effect on the date of the enactment 11 of this Act, except that subsection (d) of section 642 of 12 the Illegal Immigration Reform and Immigrant Responsi- 13 bility Act of 1996 (8 U.S.C. 1373), as added by this sec- 14 tion, shall apply only to prohibited acts committed on or 15 after the date of the enactment of this Act. 16 SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 17 (a) IN GENERAL.—Section 287(d) of the Immigra- 18 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 19 to read as follows: 20 ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 21 ALIENS.— 22 ‘‘(1) IN GENERAL.—In the case of an individual 23 who is arrested by any Federal, State, or local law 24 enforcement official or other personnel for the al- 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3375 IH leged violation of any criminal or motor vehicle law, 1 the Secretary may issue a detainer regarding the in- 2 dividual to any Federal, State, or local law enforce- 3 ment entity, official, or other personnel if the Sec- 4 retary has probable cause to believe that the indi- 5 vidual is an inadmissible or deportable alien. 6 ‘‘(2) PROBABLE CAUSE.—Probable cause is 7 deemed to be established if— 8 ‘‘(A) the individual who is the subject of 9 the detainer matches, pursuant to biometric 10 confirmation or other Federal database records, 11 the identity of an alien who the Secretary has 12 reasonable grounds to believe to be inadmissible 13 or deportable; 14 ‘‘(B) the individual who is the subject of 15 the detainer is the subject of ongoing removal 16 proceedings, including matters where a charg- 17 ing document has already been served; 18 ‘‘(C) the individual who is the subject of 19 the detainer has previously been ordered re- 20 moved from the United States and such an 21 order is administratively final; 22 ‘‘(D) the individual who is the subject of 23 the detainer has made voluntary statements or 24 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3375 IH provided reliable evidence that indicate that 1 they are an inadmissible or deportable alien; or 2 ‘‘(E) the Secretary otherwise has reason- 3 able grounds to believe that the individual who 4 is the subject of the detainer is an inadmissible 5 or deportable alien. 6 ‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 7 State, or local law enforcement entity, official, or 8 other personnel to whom a detainer is issued com- 9 plies with the detainer and detains for purposes of 10 transfer of custody to the Department of Homeland 11 Security the individual who is the subject of the de- 12 tainer, the Department may take custody of the in- 13 dividual within 48 hours (excluding weekends and 14 holidays), but in no instance more than 96 hours, 15 following the date that the individual is otherwise to 16 be released from the custody of the relevant Federal, 17 State, or local law enforcement entity.’’. 18 (b) IMMUNITY.— 19 (1) IN GENERAL.—A State or a political sub- 20 division of a State (and the officials and personnel 21 of the State or subdivision acting in their official ca- 22 pacities), and a nongovernmental entity (and its per- 23 sonnel) contracted by the State or political subdivi- 24 sion for the purpose of providing detention, acting in 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3375 IH compliance with a Department of Homeland Secu- 1 rity detainer issued pursuant to this section who 2 temporarily holds an alien in its custody pursuant to 3 the terms of a detainer so that the alien may be 4 taken into the custody of the Department of Home- 5 land Security, shall be considered to be acting under 6 color of Federal authority for purposes of deter- 7 mining their liability and shall be held harmless for 8 their compliance with the detainer in any suit seek- 9 ing any punitive, compensatory, or other monetary 10 damages. 11 (2) FEDERAL GOVERNMENT AS DEFENDANT.— 12 In any civil action arising out of the compliance with 13 a Department of Homeland Security detainer by a 14 State or a political subdivision of a State (and the 15 officials and personnel of the State or subdivision 16 acting in their official capacities), or a nongovern- 17 mental entity (and its personnel) contracted by the 18 State or political subdivision for the purpose of pro- 19 viding detention, the United States Government 20 shall be the proper party named as the defendant in 21 the suit in regard to the detention resulting from 22 compliance with the detainer. 23 (3) BAD FAITH EXCEPTION.—Paragraphs (1) 24 and (2) shall not apply to any mistreatment of an 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3375 IH individual by a State or a political subdivision of a 1 State (and the officials and personnel of the State 2 or subdivision acting in their official capacities), or 3 a nongovernmental entity (and its personnel) con- 4 tracted by the State or political subdivision for the 5 purpose of providing detention. 6 (c) PRIVATE RIGHT OF ACTION.— 7 (1) CAUSE OF ACTION.—Any individual, or a 8 spouse, parent, or child of that individual (if the in- 9 dividual is deceased), who is the victim of a murder, 10 rape, or any felony, as defined by the State, for 11 which an alien (as defined in section 101(a)(3) of 12 the Immigration and Nationality Act (8 U.S.C. 13 1101(a)(3))) has been convicted and sentenced to a 14 term of imprisonment of at least 1 year, may bring 15 an action against a State or political subdivision of 16 a State in the appropriate Federal or State court if 17 the State or political subdivision released the alien 18 from custody prior to the commission of such crime 19 as a consequence of the State or political subdivi- 20 sion’s declining to honor a detainer issued pursuant 21 to section 287(d)(1) of the Immigration and Nation- 22 ality Act (8 U.S.C. 1357(d)(1)). 23 (2) LIMITATION ON BRINGING ACTION.—An ac- 24 tion brought under this subsection may not be 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3375 IH brought later than 10 years following the occurrence 1 of the crime, or death of a person as a result of such 2 crime, whichever occurs later. 3 (3) ATTORNEYS’ FEE AND OTHER COSTS.—In 4 any action or proceeding under this subsection the 5 court shall allow a prevailing plaintiff a reasonable 6 attorneys’ fee as part of the costs, and include ex- 7 pert fees as part of the attorneys’ fee. 8 SEC. 4. SARAH AND GRANT’S LAW. 9 (a) DETENTION OF ALIENS DURING REMOVAL PRO- 10 CEEDINGS.— 11 (1) CLERICAL AMENDMENTS.—(A) Section 236 12 of the Immigration and Nationality Act (8 U.S.C. 13 1226) is amended by striking ‘‘Attorney General’’ 14 each place it appears (except in the second place 15 that term appears in section 236(a)) and inserting 16 ‘‘Secretary of Homeland Security’’. 17 (B) Section 236(a) of such Act (8 U.S.C. 18 1226(a)) is amended by inserting ‘‘the Secretary of 19 Homeland Security or’’ before ‘‘the Attorney Gen- 20 eral—’’. 21 (C) Section 236(e) of such Act (8 U.S.C. 22 1226(e)) is amended by striking ‘‘Attorney Gen- 23 eral’s’’ and inserting ‘‘Secretary of Homeland Secu- 24 rity’s’’. 25 VerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 P [Text truncated for display. Full text available on Congress.gov.]