Ending Sanctuary Cities Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 516 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 HOUSE OF REPRESENTATIVES JANUARY 11, 2019 Mr. GROTHMAN (for himself, Mr. POSEY, Mr. GOSAR, Mr. LONG, Mr. MEAD- OWS, Mr. DESJARLAIS, Mr. JOHNSON of Ohio, Mr. NORMAN, Mr. HAR- RIS, Mr. HUNTER, Mr. COOK, Mr. WEBER of Texas, and Mr. KELLY of Pennsylvania) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Over- sight and Reform, and Education and Labor, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 2019’’. 5 VerDate Sep 11 2014 00:06 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H516.IH H516 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 516 IH SEC. 2. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN 1 JURISDICTIONS THAT VIOLATE THE IMMI- 2 GRATION LAWS. 3 (a) INELIGIBLE JURISDICTIONS.—A State or unit of 4 local government is an ineligible jurisdiction for purposes 5 of this section if that State or unit of local government— 6 (1) violates section 642 of the Illegal Immigra- 7 tion Reform and Immigrant Responsibility Act of 8 1996 (8 U.S.C. 1373); 9 (2) otherwise restricts compliance with a de- 10 tainer issued by the Secretary of Homeland Secu- 11 rity; or 12 (3) has any law or policy in effect that violates 13 the immigration laws. 14 (b) ANNUAL DETERMINATION OF INELIGIBLE JURIS- 15 DICTIONS.—Not later than 1 year after the date of the 16 enactment of this Act, and annually thereafter, the Sec- 17 retary of Homeland Security shall make a determination 18 as to whether each State or unit of local government is 19 an ineligible jurisdiction under subsection (a) and submit 20 such determinations to Congress. 21 (c) PROHIBITION ON FEDERAL FINANCIAL ASSIST- 22 ANCE.—A State or unit of local government that is deter- 23 mined to be an ineligible jurisdiction may not receive any 24 Federal financial assistance (as such term is defined in 25 section 7501(a)(5) of title 31, United States Code) for the 26 VerDate Sep 11 2014 00:06 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H516.IH H516 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 516 IH fiscal year following any fiscal year in which the Secretary 1 of Homeland Security determines that the State or unit 2 of local government is an ineligible jurisdiction under sub- 3 section (b). 4 SEC. 3. LIMITATION ON LIABILITY FOR COMPLIANCE WITH 5 DETAINER. 6 A State or unit of local government, and any law en- 7 forcement officer of such State or unit of local govern- 8 ment, acting in compliance with a detainer issued by the 9 Secretary of Homeland Security, shall be considered to be 10 acting under color of Federal authority for purposes of 11 determining liability, and immunity from suit, in any civil 12 action brought by the alien under Federal or State law. 13 SEC. 4. WORKPLACE PROTECTIONS FOR LAW ENFORCE- 14 MENT. 15 Section 15(a) of the Fair Labor Standards Act (29 16 U.S.C. 215(a)) is amended— 17 (1) in paragraph (5), by striking the period at 18 the end and inserting ‘‘; and’’; and 19 (2) by adding at the end the following: 20 ‘‘(6) in the case of a State or unit of local gov- 21 ernment, to discharge or in any other manner dis- 22 criminate against any law enforcement officer of 23 that State or unit of local government because such 24 law enforcement officer has taken any action to com- 25 VerDate Sep 11 2014 00:06 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H516.IH H516 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 516 IH ply with a detainer (as such term is defined in sec- 1 tion 4 of the Ending Sanctuary Cities Act of 2019) 2 issued by the Secretary of Homeland Security.’’. 3 SEC. 5. DEFINITIONS. 4 In this Act: 5 (1) The term ‘‘detainer’’ means any order or re- 6 quest by the Secretary of Homeland Security— 7 (A) to temporarily hold an alien in custody 8 until such alien may be taken into Federal cus- 9 tody; 10 (B) to transport an alien for transfer to 11 Federal custody; or 12 (C) to notify the Secretary prior to the re- 13 lease of an alien from State or local custody. 14 (2) The term ‘‘immigration laws’’ has the 15 meaning given such term in section 101 of the Im- 16 migration and Nationality Act. 17 (3) The term ‘‘unit of local government’’ has 18 the meaning given such term under section 19 901(a)(3) of the Omnibus Crime Control and Safe 20 Streets Act of 1968 (42 U.S.C. 3791(a)(3)). 21 Æ VerDate Sep 11 2014 00:06 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H516.IH H516 pamtmann on DSKBFK8HB2PROD with BILLS