No Sanctuary for Criminals Act

I 116TH CONGRESS 2D SESSION H. R. 9062 To amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivision of States, in the enforce- ment of Federal immigration laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 31, 2020 Mr. KING of Iowa introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivision of States, in the enforcement of Federal im- migration laws, 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’’. 5 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 9062 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 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 9062 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 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 9062 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 (42 U.S.C. 3796dd 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 (42 U.S.C. 3750 et seq.); 8 or 9 ‘‘(B) any other grant administered by the 10 Department of Justice or the Department of 11 Homeland Security that is substantially related 12 to law enforcement, terrorism, national security, 13 immigration, or naturalization. 14 ‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND- 15 ING REMOVAL PROCEEDINGS.—The Secretary, at the 16 Secretary’s discretion, may decline to transfer an 17 alien in the custody of the Department of Homeland 18 Security to a State or political subdivision of a State 19 found not to be in compliance with subsection (a) or 20 (b), regardless of whether the State or political sub- 21 division of the State has issued a writ or warrant. 22 ‘‘(3) TRANSFER OF CUSTODY OF CERTAIN 23 ALIENS PROHIBITED.—The Secretary shall not 24 transfer an alien with a final order of removal pur- 25 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 9062 IH suant to paragraph (1)(A) or (5) of section 241(a) 1 of the Immigration and Nationality Act (8 U.S.C. 2 1231(a)) to a State or a political subdivision of a 3 State that is found not to be in compliance with sub- 4 section (a) or (b). 5 ‘‘(4) ANNUAL DETERMINATION.—The Secretary 6 shall determine for each calendar year which States 7 or political subdivision of States are not in compli- 8 ance with subsection (a) or (b) and shall report such 9 determinations to Congress by March 1 of each suc- 10 ceeding calendar year. 11 ‘‘(5) REPORTS.—The Secretary of Homeland 12 Security shall issue a report concerning the compli- 13 ance with subsections (a) and (b) of any particular 14 State or political subdivision of a State at the re- 15 quest of the House or the Senate Judiciary Com- 16 mittee. Any jurisdiction that is found not to be in 17 compliance shall be ineligible to receive Federal fi- 18 nancial assistance as provided in paragraph (1) for 19 a minimum period of 1 year, and shall only become 20 eligible again after the Secretary of Homeland Secu- 21 rity certifies that the jurisdiction has come into com- 22 pliance. 23 ‘‘(6) REALLOCATION.—Any funds that are not 24 allocated to a State or to a political subdivision of 25 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 9062 IH a State due to the failure of the State or of the po- 1 litical subdivision of the State to comply with sub- 2 section (a) or (b) shall be reallocated to States or to 3 political subdivisions of States that comply with both 4 such subsections.’’. 5 (b) EFFECTIVE DATE.—The amendments made by 6 this section shall take effect on the date of the enactment 7 of this Act, except that subsection (d) of section 642 of 8 the Illegal Immigration Reform and Immigrant Responsi- 9 bility Act of 1996 (8 U.S.C. 1373), as added by this sec- 10 tion, shall apply only to prohibited acts committed on or 11 after the date of the enactment of this Act. 12 SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 13 (a) IN GENERAL.—Section 287(d) of the Immigra- 14 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 15 to read as follows: 16 ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 17 ALIENS.— 18 ‘‘(1) IN GENERAL.—In the case of an individual 19 who is arrested by any Federal, State, or local law 20 enforcement official or other personnel for the al- 21 leged violation of any criminal or motor vehicle law, 22 the Secretary may issue a detainer regarding the in- 23 dividual to any Federal, State, or local law enforce- 24 ment entity, official, or other personnel if the Sec- 25 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 9062 IH retary has probable cause to believe that the indi- 1 vidual is an inadmissible or deportable alien. 2 ‘‘(2) PROBABLE CAUSE.—Probable cause is 3 deemed to be established if— 4 ‘‘(A) the individual who is the subject of 5 the detainer matches, pursuant to biometric 6 confirmation or other Federal database records, 7 the identity of an alien who the Secretary has 8 reasonable grounds to believe to be inadmissible 9 or deportable; 10 ‘‘(B) the individual who is the subject of 11 the detainer is the subject of ongoing removal 12 proceedings, including matters where a charg- 13 ing document has already been served; 14 ‘‘(C) the individual who is the subject of 15 the detainer has previously been ordered re- 16 moved from the United States and such an 17 order is administratively final; 18 ‘‘(D) the individual who is the subject of 19 the detainer has made voluntary statements or 20 provided reliable evidence that indicate that 21 they are an inadmissible or deportable alien; or 22 ‘‘(E) the Secretary otherwise has reason- 23 able grounds to believe that the individual who 24 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 9062 IH is the subject of the detainer is an inadmissible 1 or deportable alien. 2 ‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 3 State, or local law enforcement entity, official, or 4 other personnel to whom a detainer is issued com- 5 plies with the detainer and detains for purposes of 6 transfer of custody to the Department of Homeland 7 Security the individual who is the subject of the de- 8 tainer, the Department may take custody of the in- 9 dividual within 48 hours (excluding weekends and 10 holidays), but in no instance be compelled to hold 11 the subject more than 96 hours, but may hold the 12 subject up to 30 days, following.’’. 13 (b) IMMUNITY.— 14 (1) IN GENERAL.—A State or a political sub- 15 division of a State (and the officials and personnel 16 of the State or subdivision acting in their official ca- 17 pacities), and a nongovernmental entity (and its per- 18 sonnel) contracted by the State or political subdivi- 19 sion for the purpose of providing detention, acting in 20 compliance with a Department of Homeland Secu- 21 rity detainer issued pursuant to this section who 22 temporarily holds an alien in its custody pursuant to 23 the terms of a detainer so that the alien may be 24 taken into the custody of the Department of Home- 25 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 9062 IH land Security, shall be considered to be acting under 1 color of Federal authority for purposes of deter- 2 mining their liability and shall be held harmless for 3 their compliance with the detainer in any suit seek- 4 ing any punitive, compensatory, or other monetary 5 damages. 6 (2) FEDERAL GOVERNMENT AS DEFENDANT.— 7 In any civil action arising out of the compliance with 8 a Department of Homeland Security detainer by a 9 State or a political subdivision of a State (and the 10 officials and personnel of the State or subdivision 11 acting in their official capacities), or a nongovern- 12 mental entity (and its personnel) contracted by the 13 State or political subdivision for the purpose of pro- 14 viding detention, the United States Government 15 shall be the proper party named as the defendant in 16 the suit in regard to the detention resulting from 17 compliance with the detainer. 18 (3) BAD FAITH EXCEPTION.—Paragraphs (1) 19 and (2) shall not apply to any mistreatment of an 20 individual by a State or a political subdivision of a 21 State (and the officials and personnel of the State 22 or subdivision acting in their official capacities), or 23 a nongovernmental entity (and its personnel) con- 24 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 9062 IH tracted by the State or political subdivision for the 1 purpose of providing detention. 2 SEC. 4. PRIVATE RIGHT OF ACTION. 3 (a) CAUSE OF ACTION.—Any individual, or a spouse, 4 parent, or child of that individual (if the individual is de- 5 ceased), who is the victim of a murder, rape, or any felony, 6 as defined by the State, for which an alien (as defined 7 in section 101(a)(3) of the Immigration and Nationality 8 Act (8 U.S.C. 1101(a)(3))) has been convicted and sen- 9 tenced to a term of imprisonment of at least 1 year, may 10 bring an action against a State or political subdivision of 11 a State in the appropriate Federal or State court— 12 (1) if the State or political subdivision released 13 the alien from custody prior to the commission of 14 such crime, and had knowledge that the alien was 15 unlawfully present in the United States; or 16 (2) the crime was a consequence of the State or 17 political subdivision declining to honor a detainer or 18 warrant issued pursuant to section 287(d)(1) of the 19 Immigration and Nationality Act (8 U.S.C. 20 1357(d)(1)). 21 (b) APPLICATION.—Subject to subsection (c), sub- 22 section (a) shall apply without regard to whether the crime 23 was committed before, on, or after the date of the enact- 24 ment of this Act. 25 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 9062 IH (c) LIMITATION ON BRINGING ACTION.— 1 (1) IN GENERAL.—An action brought under 2 this section may not be brought later than 10 years 3 following the occurrence of the crime, or death of a 4 person as a result of such crime, whichever occurs 5 later. 6 (2) EXCEPTION.—Paragraph (1) shall not 7 apply to an action brought under this section based 8 on a crime committed before the date of the enact- 9 ment of this Act. 10 (d) ATTORNEY’S FEES AND OTHER COSTS.—In any 11 action or proceeding under this section the court shall 12 allow a prevailing plaintiff a reasonable attorneys’ fee as 13 part of the costs, and include expert fees as part of the 14 attorneys’ fee. 15 SEC. 5. MANDATORY DETENTION OF CERTAIN ALIENS 16 CHARGED WITH A CRIME RESULTING IN 17 DEATH OR SERIOUS BODILY INJURY. 18 Section 236(c) of the Immigration and Nationality 19 Act (8 U.S.C. 1226(c)) is amended— 20 (1) in paragraph (1)— 21 (A) in subparagraphs (A) and (B), by 22 striking the comma at the end of each subpara- 23 graph and inserting a semicolon; 24 (B) in subparagraph (C)— 25 VerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 9062 IH (i) by striking ‘‘sen [Text truncated for display. Full text available on Congress.gov.]