No Federal Funding to Benefit Sanctuary Cities Act

I 116TH CONGRESS 1ST SESSION H. R. 1885 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, to stop taxpayer dollars from flowing to jurisdictions that fail to comply with Federal law, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 26, 2019 Mr. ROONEY of Florida introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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, to stop taxpayer dollars from flowing to jurisdictions that fail to comply with Federal law, 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 VerDate Sep 11 2014 21:49 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1885.IH H1885 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1885 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘No Federal Funding 2 to Benefit Sanctuary Cities Act’’. 3 SEC. 2. PROTECTING LOCAL AND FEDERAL LAW ENFORCE- 4 MENT OFFICERS WHO COOPERATE TO SAFE- 5 GUARD COMMUNITIES. 6 (a) IN GENERAL.—A State, a political subdivision of 7 a State, or an officer, employee, or agent of such State 8 or political subdivision that takes action to comply with 9 a detainer issued by the Department of Homeland Secu- 10 rity under section 236 or 287 of the Immigration and Na- 11 tionality Act (8 U.S.C. 1226 and 1357)— 12 (1) shall be deemed to be acting as an agent of 13 the Department of Homeland Security; and 14 (2) with regard to such actions, shall have all 15 authority available to officers and employees of the 16 Department of Homeland Security. 17 (b) LEGAL PROCEEDINGS.—In any legal proceeding 18 brought against a State, a political subdivision of a State, 19 or an officer, employee, or agent of such State or political 20 subdivision, which challenges the legality of the seizure or 21 detention of an individual pursuant to a detainer issued 22 by the Department of Homeland Security under section 23 236 or 287 of the Immigration and Nationality Act (8 24 U.S.C. 1226 and 1357)— 25 VerDate Sep 11 2014 21:49 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1885.IH H1885 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1885 IH (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 21:49 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1885.IH H1885 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1885 IH SEC. 3. SANCTUARY JURISDICTIONS INELIGIBLE FOR FED- 1 ERAL FUNDS. 2 (a) IN GENERAL.—Beginning with fiscal year 2020, 3 a sanctuary jurisdiction is ineligible to receive Federal fi- 4 nancial assistance (as defined in section 7501 of title 31, 5 United States Code). 6 (b) SANCTUARY JURISDICTION DEFINED.—For pur- 7 poses of this section, the term ‘‘sanctuary jurisdiction’’ 8 means any State or political subdivision of a State that 9 has in effect a statute, ordinance, policy, or practice that 10 prohibits or restricts any government entity or official 11 from— 12 (1) sending, receiving, maintaining, or exchang- 13 ing with any Federal, State, or local government en- 14 tity information regarding the citizenship or immi- 15 gration status (lawful or unlawful) of any individual; 16 or 17 (2) complying with a request lawfully made by 18 the Department of Homeland Security under section 19 236 or 287 of the Immigration and Nationality Act 20 (8 U.S.C. 1226 and 1357) to comply with a detainer 21 for, or notify about the release of, an individual. 22 (c) RETURNED AMOUNTS.— 23 (1) STATE.—If a State is a sanctuary jurisdic- 24 tion during a period in fiscal year 2020 or thereafter 25 for which it receives Federal financial assistance (as 26 VerDate Sep 11 2014 21:49 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1885.IH H1885 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1885 IH defined in section 7501 of title 31, United States 1 Code) from an Executive agency (as defined in sec- 2 tion 105 of title 5, United States Code), the head of 3 such agency— 4 (A) shall direct the State immediately to 5 return any such amounts that the State re- 6 ceived for that period; and 7 (B) shall reallocate amounts returned 8 under subparagraph (A) to other States that 9 are not sanctuary jurisdictions. 10 (2) UNIT OF GENERAL LOCAL GOVERNMENT.— 11 If a unit of general local government is a sanctuary 12 jurisdiction during a period in fiscal year 2020 or 13 thereafter for which it receives Federal financial as- 14 sistance (as defined in section 7501 of title 31, 15 United States Code) from an Executive agency (as 16 defined in section 105 of title 5, United States 17 Code), any such amounts that the unit of general 18 local government received for that period— 19 (A) in the case of a unit of general local 20 government that is not in a nonentitlement 21 area, shall be returned the head of such agency 22 for reallocation to States and other units of 23 general local government that are not sanctuary 24 jurisdictions; and 25 VerDate Sep 11 2014 21:49 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1885.IH H1885 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1885 IH (B) in the case of a unit of general local 1 government that is in a nonentitlement area, 2 shall be returned to the Governor of the State 3 for reallocation to other units of general local 4 government in the State that are not sanctuary 5 jurisdictions. 6 Æ VerDate Sep 11 2014 21:49 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1885.IH H1885 pbinns on DSK79D2C42PROD with BILLS