Protecting American Lives Act

I 116TH CONGRESS 1ST SESSION H. R. 2988 To ensure State and local compliance with all Federal immigration detainers on aliens in custody, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 Mr. GOODEN (for himself, Mr. SCALISE, Mr. WRIGHT, Mr. WEBER of Texas, Mr. WALKER, Mr. GAETZ, Mr. JOYCE of Pennsylvania, Mr. BABIN, Mr. TAYLOR, and Mr. JOHNSON of Louisiana) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on 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 ensure State and local compliance with all Federal immi- gration detainers on aliens in custody, 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 ‘‘Protecting American 4 Lives Act’’. 5 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 2 •HR 2988 IH SEC. 2. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 1 (a) IN GENERAL.—Except as otherwise provided by 2 Federal law or rule of procedure, the Secretary shall exe- 3 cute all lawful writs, process, and orders issued under the 4 authority of the United States, and shall command all nec- 5 essary assistance to execute the Secretary’s duties. 6 (b) STATE AND LOCAL COOPERATION WITH DHS 7 DETAINERS.—A State, or a political subdivision of a 8 State, that has in effect a statute or policy or practice 9 providing that it not comply with any Department de- 10 tainer ordering that it temporarily hold an alien in their 11 custody so that the alien may be taken into Federal cus- 12 tody, or transport the alien for transfer to Federal cus- 13 tody, shall not be eligible to receive— 14 (1) any of the funds that would otherwise be al- 15 located to the State or political subdivision under 16 section 241(i) of the Immigration and Nationality 17 Act (8 U.S.C. 1231(i)), the ‘‘Cops on the Beat’’ pro- 18 gram under part Q of title I of the Omnibus Crime 19 Control and Safe Streets Act of 1968 (34 U.S.C. 20 10381 et seq.), or the Edward Byrne Memorial Jus- 21 tice Assistance Grant Program under subpart 1 of 22 part E of title I of the Omnibus Crime Control and 23 Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); 24 or 25 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 3 •HR 2988 IH (2) any other grant administered by the De- 1 partment of Justice that is substantially related to 2 law enforcement (including enforcement of the immi- 3 gration laws), immigration, enforcement of the im- 4 migration laws, or naturalization or administered by 5 the Department of Homeland Security that is sub- 6 stantially related to immigration, the enforcement of 7 the immigration laws, or naturalization. 8 (c) LIMITATION ON LIABILITY FOR COMPLIANCE 9 WITH DETAINER.—A State or unit of local government, 10 and any law enforcement officer of such State or unit of 11 local government, acting in compliance with a detainer 12 issued by the Secretary of Homeland Security, shall be 13 considered to be acting under color of Federal authority 14 for purposes of determining liability, and immunity from 15 suit, in any civil action brought by the alien under Federal 16 or State law. 17 (d) PROBABLE CAUSE.—It is the sense of Congress 18 that the Department has probable cause to believe that 19 an alien is inadmissible or deportable when it issues a de- 20 tainer regarding such alien under the standards in place 21 on the date of introduction of this Act. 22 (e) DEFINITIONS.—In this section: 23 (1) DEPARTMENT.—The term ‘‘Department’’ 24 means the Department of Homeland Security. 25 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 4 •HR 2988 IH (2) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Homeland Security. 2 (3) STATE.—The term ‘‘State’’ has the mean- 3 ing given to such term in section 101(a)(36) of the 4 Immigration and Nationality Act (8 U.S.C. 5 1101(a)(36)). 6 SEC. 3. INFORMATION SHARING REGARDING CRIMINAL 7 ALIENS. 8 Section 642 of the Illegal Immigration Reform and 9 Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is 10 amended— 11 (1) by striking ‘‘Immigration and Naturaliza- 12 tion Service’’ each place it appears and inserting 13 ‘‘Department of Homeland Security’’; 14 (2) in subsection (a), by striking ‘‘may’’ and in- 15 serting ‘‘shall’’; 16 (3) in subsection (b)— 17 (A) by striking ‘‘no person or agency may’’ 18 and inserting ‘‘a person or agency shall not’’; 19 and 20 (B) by striking ‘‘doing any of the following 21 with respect to information’’ and inserting ‘‘un- 22 dertaking any of the following law enforcement 23 activities’’; 24 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 5 •HR 2988 IH (4) by striking paragraphs (1) through (3) and 1 inserting the following: 2 ‘‘(1) Notifying the Federal Government regard- 3 ing the presence of inadmissible and deportable 4 aliens who are encountered by law enforcement per- 5 sonnel of a State or political subdivision of a State. 6 ‘‘(2) Complying with requests for information 7 from Federal law enforcement.’’; and 8 (5) by adding at the end the following: 9 ‘‘(d) SANCTUARY POLICIES.—Notwithstanding any 10 other provision of Federal, State, or local law, a Federal, 11 State, or local government entity or official shall not issue 12 in the form of resolutions, ordinances, administrative ac- 13 tions, general or special orders, or departmental policies 14 that violate Federal law or restrict a State or political sub- 15 division of a State from complying with Federal law or 16 coordinating with Federal law enforcement. 17 ‘‘(e) COMPLIANCE.— 18 ‘‘(1) IN GENERAL.—A State, or a political sub- 19 division of a State, that has in effect a statute, pol- 20 icy, or practice that prohibits law enforcement offi- 21 cers of the State, or of a political subdivision of the 22 State, from assisting or cooperating with Federal 23 immigration law enforcement in the course of car- 24 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 6 •HR 2988 IH rying out the officers’ routine law enforcement du- 1 ties shall not be eligible to receive— 2 ‘‘(A) any of the funds that would otherwise 3 be allocated to the State or political subdivision 4 under section 241(i) of the Immigration and 5 Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 6 on the Beat’ program under part Q of title I of 7 the Omnibus Crime Control and Safe Streets 8 Act of 1968 (34 U.S.C. 10381 et seq.), or the 9 Edward Byrne Memorial Justice Assistance 10 Grant Program under subpart 1 of part E of 11 title I of the Omnibus Crime Control and Safe 12 Streets Act of 1968 (34 U.S.C. 10151 et seq.); 13 or 14 ‘‘(B) any other grant administered by the 15 Department of Justice that is substantially re- 16 lated to law enforcement (including enforcement 17 of the immigration laws), immigration, enforce- 18 ment of the immigration laws, or naturalization 19 or administered by the Department of Home- 20 land Security that is substantially related to im- 21 migration, the enforcement of the immigration 22 laws, or naturalization. 23 ‘‘(2) ANNUAL DETERMINATION.— 24 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 7 •HR 2988 IH ‘‘(A) REQUIREMENT.—Not later than 1 March 1 of each year, the Secretary of Home- 2 land Security shall determine which States or 3 political subdivisions of a State are not in com- 4 pliance with this section and report such deter- 5 mination to Congress. 6 ‘‘(B) INELIGIBILITY FOR FINANCIAL AS- 7 SISTANCE.—Any jurisdiction that the Secretary 8 determines is not in compliance under subpara- 9 graph (A)— 10 ‘‘(i) shall be ineligible to receive Fed- 11 eral financial assistance as provided in 12 paragraph (1) for a minimum period of 1 13 year; and 14 ‘‘(ii) shall only become eligible for 15 such assistance after the Secretary certifies 16 that the jurisdiction is in compliance. 17 ‘‘(3) REALLOCATION.—Any funds that are not 18 allocated to a State or to a political subdivision of 19 a State, due to the failure of the State, or of the po- 20 litical subdivision of the State, to comply with this 21 section shall be reallocated to States, or to political 22 subdivisions of States, that comply with such sub- 23 section. 24 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 8 •HR 2988 IH ‘‘(f) STATE AND LOCAL LAW ENFORCEMENT PROVI- 1 SION OF INFORMATION ABOUT APPREHENDED ALIENS.— 2 ‘‘(1) PROVISION OF INFORMATION.—In compli- 3 ance with this section and section 434 of the Per- 4 sonal Responsibility and Work Opportunity Rec- 5 onciliation Act of 1996 (8 U.S.C. 1644), each State, 6 and each political subdivision of a State, shall pro- 7 vide the Secretary of Homeland Security in a timely 8 manner with identifying information with respect to 9 each alien in the custody of the State, or a political 10 subdivision of the State, who is believed to be inad- 11 missible or deportable. 12 ‘‘(2) ANNUAL REPORT ON COMPLIANCE.—Not 13 later than March 1 of each year, the Secretary shall 14 determine which States, or the political subdivisions 15 of States, are not in compliance with this section 16 and submit such determination to Congress. 17 ‘‘(g) REIMBURSEMENT.—The Secretary of Homeland 18 Security shall reimburse States, and political subdivisions 19 of a State, for all reasonable costs, as determined by the 20 Secretary, incurred by the State, or the political subdivi- 21 sion of a State, as a result of providing information under 22 subsection (f)(1). 23 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 9 •HR 2988 IH ‘‘(h) CONSTRUCTION.—Nothing in this section shall 1 require law enforcement officials of a State, or from polit- 2 ical subdivisions of a State— 3 ‘‘(1) to provide the Secretary of Homeland Se- 4 curity with information related to a victim of a 5 crime or witness to a criminal offense; or 6 ‘‘(2) to otherwise report or arrest such a victim 7 or witness.’’. 8 SEC. 4. ILLEGAL REENTRY. 9 Section 276 of the Immigration and Nationality Act 10 (8 U.S.C. 1326) is amended— 11 (1) in subsection (a), in the undesignated mat- 12 ter following paragraph (2), by striking ‘‘not more 13 than 2 years,’’ and inserting ‘‘not less than 5 14 years,’’; and 15 (2) in subsection (b)— 16 (A) in paragraph (1), by inserting ‘‘not 17 less than 5 years and’’ after ‘‘imprisoned’’; 18 (B) in paragraph (2), by inserting ‘‘not 19 less than 5 years and’’ after ‘‘imprisoned’’; 20 (C) in paragraph (3), by striking ‘‘sen- 21 tence.’’ and inserting ‘‘sentence;’’; and 22 (D) in paragraph (4), by inserting ‘‘not 23 less than 5 years and’’ after ‘‘imprisoned for’’. 24 VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS 10 •HR 2988 IH SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCE- 1 MENT. 2 Section 15(a) of the Fair Labor Standards Act (29 3 U.S.C. 215(a)) is amended— 4 (1) in paragraph (5), by striking the period at 5 the end and inserting ‘‘; and’’; and 6 (2) by adding at the end the following: 7 ‘‘(6) in the case of a State or unit of local gov- 8 ernment, to discharge or in any other manner dis- 9 criminate against any law enforcement officer of 10 that State or unit of local government because such 11 law enforcement officer has taken any action to com- 12 ply with a detainer issued by the Secretary of Home- 13 land Security.’’. 14 SEC. 6. SEVERABILITY. 15 If any provision of this Act, any amendment made 16 by this Act, or the application of such provision to any 17 person or circumstance, is held invalid, the remainder of 18 this Act, the amendments made by this Act, and the appli- 19 cation of such provision to other persons not similarly situ- 20 ated or to other circumstances, shall not be affected by 21 such invalidation. 22 Æ VerDate Sep 11 2014 21:39 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2988.IH H2988 kjohnson on DSK79L0C42 with BILLS