No Sanctuary for Criminals Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1928 To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to impose penalties for State noncompliance with enforce- ment of immigration law, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 27, 2019 Mr. RESCHENTHALER (for himself, Mr. GAETZ, Mr. STEUBE, and Mr. CLINE) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to impose penalties for State noncompliance with enforcement of immigration 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘No Sanctuary for 4 Criminals Act of 2019’’. 5 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 2 •HR 1928 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 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 3 •HR 1928 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 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 4 •HR 1928 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 (34 U.S.C. 10381 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 (34 U.S.C. 10151 et seq.); 8 or 9 ‘‘(B) any other grant administered by the 10 Department of Justice that is substantially re- 11 lated to law enforcement (including enforcement 12 of the immigration laws), immigration, enforce- 13 ment of the immigration laws, or naturalization 14 or administered by the Department of Home- 15 land Security that is substantially related to im- 16 migration, the enforcement of the immigration 17 laws, or naturalization. 18 ‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND- 19 ING REMOVAL PROCEEDINGS.—The Secretary, at the 20 Secretary’s discretion, may decline to transfer an 21 alien in the custody of the Department of Homeland 22 Security to a State or political subdivision of a State 23 found not to be in compliance with subsection (a) or 24 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 5 •HR 1928 IH (b), regardless of whether the State or political sub- 1 division of the State has issued a writ or warrant. 2 ‘‘(3) TRANSFER OF CUSTODY OF CERTAIN 3 ALIENS PROHIBITED.—The Secretary shall not 4 transfer an alien with a final order of removal pur- 5 suant to paragraph (1)(A) or (5) of section 241(a) 6 of the Immigration and Nationality Act (8 U.S.C. 7 1231(a)) to a State or a political subdivision of a 8 State that is found not to be in compliance with sub- 9 section (a) or (b). 10 ‘‘(4) ANNUAL DETERMINATION.—The Secretary 11 shall determine for each calendar year which States 12 or political subdivision of States are not in compli- 13 ance with subsection (a) or (b) and shall report such 14 determinations to Congress by March 1 of each suc- 15 ceeding calendar year. 16 ‘‘(5) REPORTS.—The Secretary of Homeland 17 Security shall issue a report concerning the compli- 18 ance with subsections (a) and (b) of any particular 19 State or political subdivision of a State at the re- 20 quest of the House or the Senate Judiciary Com- 21 mittee. Any jurisdiction that is found not to be in 22 compliance shall be ineligible to receive Federal fi- 23 nancial assistance as provided in paragraph (1) for 24 a minimum period of 1 year, and shall only become 25 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 6 •HR 1928 IH eligible again after the Secretary of Homeland Secu- 1 rity certifies that the jurisdiction has come into com- 2 pliance. 3 ‘‘(6) REALLOCATION.—Any funds that are not 4 allocated to a State or to a political subdivision of 5 a State due to the failure of the State or of the po- 6 litical subdivision of the State to comply with sub- 7 section (a) or (b) shall be reallocated to States or to 8 political subdivisions of States that comply with both 9 such subsections. 10 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 11 require law enforcement officials from States, or from po- 12 litical subdivisions of States, to report or arrest victims 13 or witnesses of a criminal offense.’’. 14 (b) EFFECTIVE DATE.—The amendments made by 15 this section shall take effect on the date of the enactment 16 of this Act, except that subsection (d) of section 642 of 17 the Illegal Immigration Reform and Immigrant Responsi- 18 bility Act of 1996 (8 U.S.C. 1373), as added by this sec- 19 tion, shall apply only to prohibited acts committed on or 20 after the date of the enactment of this Act. 21 SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 22 (a) IN GENERAL.—Section 287(d) of the Immigra- 23 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 24 to read as follows: 25 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 7 •HR 1928 IH ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 1 ALIENS.— 2 ‘‘(1) IN GENERAL.—In the case of an individual 3 who is arrested by any Federal, State, or local law 4 enforcement official or other personnel for the al- 5 leged violation of any criminal or motor vehicle law, 6 the Secretary may issue a detainer regarding the in- 7 dividual to any Federal, State, or local law enforce- 8 ment entity, official, or other personnel if the Sec- 9 retary has probable cause to believe that the indi- 10 vidual is an inadmissible or deportable alien. 11 ‘‘(2) PROBABLE CAUSE.—Probable cause is 12 deemed to be established if— 13 ‘‘(A) the individual who is the subject of 14 the detainer matches, pursuant to biometric 15 confirmation or other Federal database records, 16 the identity of an alien who the Secretary has 17 reasonable grounds to believe to be inadmissible 18 or deportable; 19 ‘‘(B) the individual who is the subject of 20 the detainer is the subject of ongoing removal 21 proceedings, including matters where a charg- 22 ing document has already been served; 23 ‘‘(C) the individual who is the subject of 24 the detainer has previously been ordered re- 25 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 8 •HR 1928 IH moved from the United States and such an 1 order is administratively final; 2 ‘‘(D) the individual who is the subject of 3 the detainer has made voluntary statements or 4 provided reliable evidence that indicate that 5 they are an inadmissible or deportable alien; or 6 ‘‘(E) the Secretary otherwise has reason- 7 able grounds to believe that the individual who 8 is the subject of the detainer is an inadmissible 9 or deportable alien. 10 ‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 11 State, or local law enforcement entity, official, or 12 other personnel to whom a detainer is issued com- 13 plies with the detainer and detains for purposes of 14 transfer of custody to the Department of Homeland 15 Security the individual who is the subject of the de- 16 tainer, the Department may take custody of the in- 17 dividual within 48 hours (excluding weekends and 18 holidays), but in no instance more than 96 hours, 19 following the date that the individual is otherwise to 20 be released from the custody of the relevant Federal, 21 State, or local law enforcement entity.’’. 22 (b) IMMUNITY.— 23 (1) IN GENERAL.—A State or a political sub- 24 division of a State (and the officials and personnel 25 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 9 •HR 1928 IH of the State or subdivision acting in their official ca- 1 pacities), and a nongovernmental entity (and its per- 2 sonnel) contracted by the State or political subdivi- 3 sion for the purpose of providing detention, acting in 4 compliance with a Department of Homeland Secu- 5 rity detainer issued pursuant to this section who 6 temporarily holds an alien in its custody pursuant to 7 the terms of a detainer so that the alien may be 8 taken into the custody of the Department of Home- 9 land Security, shall be considered to be acting under 10 color of Federal authority for purposes of deter- 11 mining their liability and shall be held harmless for 12 their compliance with the detainer in any suit seek- 13 ing any punitive, compensatory, or other monetary 14 damages. 15 (2) FEDERAL GOVERNMENT AS DEFENDANT.— 16 In any civil action arising out of the compliance with 17 a Department of Homeland Security detainer by a 18 State or a political subdivision of a State (and the 19 officials and personnel of the State or subdivision 20 acting in their official capacities), or a nongovern- 21 mental entity (and its personnel) contracted by the 22 State or political subdivision for the purpose of pro- 23 viding detention, the United States Government 24 shall be the proper party named as the defendant in 25 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 10 •HR 1928 IH the suit in regard to the detention resulting from 1 compliance with the detainer. 2 (3) BAD FAITH EXCEPTION.—Paragraphs (1) 3 and (2) shall not apply to any mistreatment of an 4 individual by a State or a political subdivision of a 5 State (and the officials and personnel of the State 6 or subdivision acting in their official capacities), or 7 a nongovernmental entity (and its personnel) con- 8 tracted by the State or political subdivision for the 9 purpose of providing detention. 10 (c) PRIVATE RIGHT OF ACTION.— 11 (1) CAUSE OF ACTION.—Any individual, or a 12 spouse, parent, or child of that individual (if the in- 13 dividual is deceased), who is the victim of a murder, 14 rape, or any felony, as defined by the State, for 15 which an alien (as defined in section 101(a)(3) of 16 the Immigration and Nationality Act (8 U.S.C. 17 1101(a)(3))) has been convicted and sentenced to a 18 term of imprisonment of at least 1 year, may bring 19 an action against a State or political subdivision of 20 a State or public official acting in an official capac- 21 ity in the appropriate Federal court if the State or 22 political subdivision, except as provided in paragraph 23 (3)— 24 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GLQ082PROD with BILLS 11 •HR 1928 IH (A) released the alien from custody prior 1 to the commission of such crime as a con- 2 sequence of the State or political subdivision’s 3 declining to honor a detainer issued pursuant to 4 section 287(d)(1) of the Immigration and Na- 5 tionality Act (8 U.S.C. 1357(d)(1)); 6 (B) has in effect a statute, policy, or prac- 7 tice not in compliance with section 642 of the 8 Illegal Immigration Reform and Immigrant Re- 9 sponsibility Act of 1996 (8 U.S.C. 1373) as 10 amended, and as a consequence of its statute, 11 policy, or practice, released the alien from cus- 12 tody prior to the commission of such crime; or 13 (C) has in effect a statute, policy, or prac- 14 tice requiring a subordinate political subdivision 15 to decline to honor any or all detainers issued 16 pursuant to section 287(d)(1) of the Immigra- 17 tion and Nationality Act (8 U.S.C. 1357(d)(1)), 18 and, as a consequence of its statute, policy or 19 practice, the subordinate political subdivision 20 declined to honor a detainer issued pursuant to 21 such section, and as a consequence released the 22 alien from custody prior to the commission of 23 such crime. 24 VerDate Sep 11 2014 02:34 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1928.IH H1928 dlhill on DSK3GL [Text truncated for display. Full text available on Congress.gov.]