Stop Dangerous Sanctuary Cities Act

I 116TH CONGRESS 1ST SESSION H. R. 3000 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. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 Mr. MCCLINTOCK (for himself, Mr. LAHOOD, Mr. BROOKS of Alabama, Mr. RESCHENTHALER, Mr. RATCLIFFE, Mr. LAMALFA, Mr. GAETZ, Mr. DUNCAN, Mr. GOSAR, Mr. BUDD, Mr. LONG, Mr. WALKER, Mr. BABIN, Mr. ARRINGTON, Mrs. MILLER, Mr. COOK, Mr. GIBBS, Mr. DESJARLAIS, Mr. HUNTER, Mr. GOHMERT, Mr. MOOLENAAR, Mr. BIGGS, and Mr. WRIGHT) introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committees on Transpor- tation and Infrastructure, and Financial Services, for a period to be sub- sequently 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. 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 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3000 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Stop Dangerous Sanc- 2 tuary Cities Act’’. 3 SEC. 2. ENSURING THAT LOCAL AND FEDERAL LAW EN- 4 FORCEMENT OFFICERS MAY COOPERATE TO 5 SAFEGUARD OUR COMMUNITIES. 6 (a) AUTHORITY TO COOPERATE WITH FEDERAL OF- 7 FICIALS.—A State, a political subdivision of a State, or 8 an officer, employee, or agent of such State or political 9 subdivision that complies with a detainer issued by the De- 10 partment of Homeland Security under section 236 or 287 11 of the Immigration and Nationality Act (8 U.S.C. 1226 12 and 1357)— 13 (1) shall be deemed to be acting as an agent of 14 the Department of Homeland Security; and 15 (2) with regard to actions taken to comply with 16 the detainer, shall have all authority available to of- 17 ficers and employees of the Department of Home- 18 land Security. 19 (b) LEGAL PROCEEDINGS.—In any legal proceeding 20 brought against a State, a political subdivision of a State, 21 or an officer, employee, or agent of such State or political 22 subdivision, which challenges the legality of the seizure or 23 detention of an individual pursuant to a detainer issued 24 by the Department of Homeland Security under section 25 VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3000 IH 236 or 287 of the Immigration and Nationality Act (8 1 U.S.C. 1226 and 1357)— 2 (1) no liability shall lie against the State or po- 3 litical subdivision of a State for actions taken in 4 compliance with the detainer; and 5 (2) if the actions of the officer, employee, or 6 agent of the State or political subdivision were taken 7 in compliance with the detainer— 8 (A) the officer, employee, or agent shall be 9 deemed— 10 (i) to be an employee of the Federal 11 Government and an investigative or law 12 enforcement officer; and 13 (ii) to have been acting within the 14 scope of his or her employment under sec- 15 tion 1346(b) and chapter 171 of title 28, 16 United States Code; 17 (B) section 1346(b) of title 28, United 18 States Code, shall provide the exclusive remedy 19 for the plaintiff; and 20 (C) the United States shall be substituted 21 as defendant in the proceeding. 22 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 23 tion may be construed to provide immunity to any person 24 VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3000 IH who knowingly violates the civil or constitutional rights of 1 an individual. 2 SEC. 3. SANCTUARY JURISDICTION DEFINED. 3 (a) IN GENERAL.—Except as provided under sub- 4 section (b), for purposes of this Act, the term ‘‘sanctuary 5 jurisdiction’’ means any State or political subdivision of 6 a State that has in effect a statute, ordinance, policy, or 7 practice that prohibits or restricts any government entity 8 or official from— 9 (1) sending, receiving, maintaining, or exchang- 10 ing with any Federal, State, or local government en- 11 tity information regarding the citizenship or immi- 12 gration status (lawful or unlawful) of any individual; 13 or 14 (2) complying with a request lawfully made by 15 the Department of Homeland Security under section 16 236 or 287 of the Immigration and Nationality Act 17 (8 U.S.C. 1226 and 1357) to comply with a detainer 18 for, or notify about the release of, an individual. 19 (b) EXCEPTION.—A State or political subdivision of 20 a State shall not be deemed a sanctuary jurisdiction based 21 solely on its having a policy whereby its officials will not 22 share information regarding, or comply with a request 23 made by the Department of Homeland Security under sec- 24 tion 236 or 287 of the Immigration and Nationality Act 25 VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3000 IH (8 U.S.C. 1226 and 1357) to comply with a detainer re- 1 garding, an individual who comes forward as a victim or 2 a witness to a criminal offense. 3 SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CER- 4 TAIN FEDERAL FUNDS. 5 (a) ECONOMIC DEVELOPMENT ADMINISTRATION 6 GRANTS.— 7 (1) GRANTS FOR PUBLIC WORKS AND ECO- 8 NOMIC DEVELOPMENT.—Section 201(b) of the Pub- 9 lic Works and Economic Development Act of 1965 10 (42 U.S.C. 3141(b)) is amended— 11 (A) in paragraph (2), by striking ‘‘and’’ at 12 the end; 13 (B) in paragraph (3), by striking the pe- 14 riod at the end and inserting ‘‘; and’’; and 15 (C) by adding at the end the following: 16 ‘‘(4) the area in which the project is to be car- 17 ried out is not a sanctuary jurisdiction (as defined 18 in section 3 of the Stop Dangerous Sanctuary Cities 19 Act).’’. 20 (2) GRANTS FOR PLANNING AND ADMINISTRA- 21 TIVE EXPENSES.—Section 203(a) of the Public 22 Works and Economic Development Act of 1965 (42 23 U.S.C. 3143(a)) is amended by adding at the end 24 the following: ‘‘A sanctuary jurisdiction (as defined 25 VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3000 IH in section 3 of the Stop Dangerous Sanctuary Cities 1 Act) may not be deemed an eligible recipient under 2 this subsection.’’. 3 (3) SUPPLEMENTARY GRANTS.—Section 205(a) 4 of the Public Works and Economic Development Act 5 of 1965 (42 U.S.C. 3145(a)) is amended— 6 (A) in paragraph (2), by striking ‘‘and’’ at 7 the end; 8 (B) in paragraph (3)(B), by striking the 9 period at the end and inserting ‘‘; and’’; and 10 (C) by adding at the end the following: 11 ‘‘(4) will be carried out in an area that does not 12 contain a sanctuary jurisdiction (as defined in sec- 13 tion 3 of the Stop Dangerous Sanctuary Cities 14 Act).’’. 15 (4) GRANTS FOR TRAINING, RESEARCH, AND 16 TECHNICAL ASSISTANCE.—Section 207 of the Public 17 Works and Economic Development Act of 1965 (42 18 U.S.C. 3147) is amended by adding at the end the 19 following: 20 ‘‘(c) INELIGIBILITY OF SANCTUARY JURISDIC- 21 TIONS.—Grant funds authorized under this section may 22 not be used to provide assistance to a sanctuary jurisdic- 23 tion (as defined in section 3 of the Stop Dangerous Sanc- 24 tuary Cities Act).’’. 25 VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3000 IH (b) COMMUNITY DEVELOPMENT BLOCK GRANTS.— 1 Title I of the Housing and Community Development Act 2 of 1974 (42 U.S.C. 5301 et seq.) is amended— 3 (1) in section 102(a) (42 U.S.C. 5302(a)), by 4 adding at the end the following: 5 ‘‘(25) The term ‘sanctuary jurisdiction’ has the 6 meaning provided in section 3 of the Stop Dan- 7 gerous Sanctuary Cities Act.’’; and 8 (2) in section 104 (42 U.S.C. 5304)— 9 (A) subsection (b)— 10 (i) in paragraph (5), by striking 11 ‘‘and’’ at the end; 12 (ii) by redesignating paragraph (6) as 13 paragraph (7); and 14 (iii) by inserting after paragraph (5) 15 the following: 16 ‘‘(6) the grantee is not a sanctuary jurisdiction 17 and will not become a sanctuary jurisdiction during 18 the period for which the grantee receives a grant 19 under this title; and’’; and 20 (B) by adding at the end the following: 21 ‘‘(n) PROTECTION OF INDIVIDUALS AGAINST 22 CRIME.— 23 ‘‘(1) IN GENERAL.—No funds authorized to be 24 appropriated to carry out this title may be obligated 25 VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3000 IH or expended for any State or unit of general local 1 government that is a sanctuary jurisdiction. 2 ‘‘(2) RETURNED AMOUNTS.— 3 ‘‘(A) STATE.—If a State is a sanctuary ju- 4 risdiction during the period for which it receives 5 amounts under this title, the Secretary— 6 ‘‘(i) shall direct the State to imme- 7 diately return to the Secretary any such 8 amounts that the State received for that 9 period; and 10 ‘‘(ii) shall reallocate amounts returned 11 under clause (i) for grants under this title 12 to other States that are not sanctuary ju- 13 risdictions. 14 ‘‘(B) UNIT OF GENERAL LOCAL GOVERN- 15 MENT.—If a unit of general local government is 16 a sanctuary jurisdiction during the period for 17 which it receives amounts under this title, any 18 such amounts that the unit of general local gov- 19 ernment received for that period— 20 ‘‘(i) in the case of a unit of general 21 local government that is not in a non- 22 entitlement area, shall be returned to the 23 Secretary for grants under this title to 24 States and other units of general local gov- 25 VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3000 IH ernment that are not sanctuary jurisdic- 1 tions; and 2 ‘‘(ii) in the case of a unit of general 3 local government that is in a nonentitle- 4 ment area, shall be returned to the Gov- 5 ernor of the State for grants under this 6 title to other units of general local govern- 7 ment in the State that are not sanctuary 8 jurisdictions. 9 ‘‘(C) REALLOCATION RULES.—In reallo- 10 cating amounts under subparagraphs (A) and 11 (B), the Secretary shall— 12 ‘‘(i) apply the relevant allocation for- 13 mula under subsection (b), with all sanc- 14 tuary jurisdictions excluded; and 15 ‘‘(ii) shall not be subject to the rules 16 for reallocation under subsection (c).’’. 17 (c) EFFECTIVE DATE.—This section and the amend- 18 ments made by this section shall take effect on October 19 1, 2019. 20 Æ VerDate Sep 11 2014 20:21 Jun 10, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3000.IH H3000 pamtmann on DSKBFK8HB2PROD with BILLS