What This Bill Does
This bill allows state and local law enforcement officers to work with federal immigration officials without legal penalties. It also requires states and cities to cooperate with federal detainer requests (orders to hold individuals for immigration authorities). If a state or city refuses this cooperation, they lose eligibility for certain federal grants.
Who It Affects
State and local law enforcement officers, state and local governments, individuals detained under federal immigration detainers, and communities receiving federal development and housing grants.
Key Provisions
• State and local officers who comply with federal immigration detainers are treated as federal agents with the same authority as Department of Homeland Security officers (Sec. 2(a))
• States and cities cannot be sued for following federal immigration detainers, and lawsuits are redirected to the federal government instead (Sec. 2(b))
• "Sanctuary jurisdictions" are defined as states or cities that prohibit sharing immigration status information or complying with federal detainer requests (Sec. 3(a))
• Sanctuary jurisdictions lose eligibility for grants from the Economic Development Administration, including funds for public works projects and economic development planning (Sec. 4(a))
• Sanctuary jurisdictions lose eligibility for Community Development Block Grants and must return any funds already received if they become a sanctuary jurisdiction (Sec. 4(b))
What Changes
If this becomes law, states and cities that refuse to cooperate with federal immigration detainers would be barred from receiving federal grants for economic development, public works projects and community development. State and local officers following federal detainers would gain immunity from lawsuits, with the federal government becoming the defendant instead.
Important Definitions
"Sanctuary jurisdiction" means a state or political subdivision with a rule that prohibits sharing immigration status information with federal agencies or complying with federal detainer requests. An exception exists for victims or witnesses to crimes (Sec. 3).
Effective Date
October 1, 2023 (Sec. 4(c))
II
118TH CONGRESS
1ST SESSION
S. 1068
To ensure that State and local law enforcement officers are permitted to
cooperate with Federal officials to protect our communities from violent
criminals and suspected terrorists who are illegally present in the United
States.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. CRUZ (for himself, Mr. HAGERTY, Mrs. CAPITO, Mr. GRASSLEY, Mr.
TILLIS, Mr. BRAUN, Mr. JOHNSON, Mr. RICKETTS, Mr. ROUNDS, Ms.
ERNST, Mrs. BLACKBURN, Mr. HOEVEN, Mr. TUBERVILLE, Mr. CORNYN,
Mr. BOOZMAN, Mrs. HYDE-SMITH, Mr. COTTON, Mr. SCOTT of South
Carolina, Mr. LANKFORD, and Mrs. FISCHER) introduced the following
bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To ensure that State and local law enforcement officers
are permitted to cooperate with Federal officials to pro-
tect our communities from violent criminals and sus-
pected 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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stop Dangerous Sanc-
4
tuary Cities Act’’.
5
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•S 1068 IS
SEC. 2. ENSURING COOPERATION BETWEEN FEDERAL LAW
1
ENFORCEMENT OFFICERS AND STATE AND
2
LOCAL LAW ENFORCEMENT OFFICERS TO
3
SAFEGUARD OUR COMMUNITIES.
4
(a) AUTHORITY TO COOPERATE WITH FEDERAL OF-
5
FICIALS.—A State, a political subdivision of a State, or
6
an officer, employee, or agent of such State or political
7
subdivision that complies with a detainer issued by the De-
8
partment of Homeland Security under section 236 or 287
9
of the Immigration and Nationality Act (8 U.S.C. 1226
10
and 1357)—
11
(1) shall be deemed to be acting as an agent of
12
the Department of Homeland Security; and
13
(2) with regard to actions taken to comply with
14
the detainer, shall have all authority available to of-
15
ficers and employees of the Department of Home-
16
land Security.
17
(b) LEGAL PROCEEDINGS.—In any legal proceeding
18
brought against a State, a political subdivision of 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)—
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•S 1068 IS
(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.
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•S 1068 IS
SEC. 3. SANCTUARY JURISDICTION DEFINED.
1
(a) IN GENERAL.—Except as provided under sub-
2
section (b), for purposes of this Act, the term ‘‘sanctuary
3
jurisdiction’’ means any State or political subdivision of
4
a State that has in effect a statute, ordinance, policy, or
5
practice that prohibits or restricts any government entity
6
or official from—
7
(1) sending, receiving, maintaining, or exchang-
8
ing with any Federal, State, or local government en-
9
tity information regarding the citizenship or immi-
10
gration status (lawful or unlawful) of any individual;
11
or
12
(2) complying with a request lawfully made by
13
the Department of Homeland Security under section
14
236 or 287 of the Immigration and Nationality Act
15
(8 U.S.C. 1226 and 1357) to comply with a detainer
16
for, or notify about the release of, an individual.
17
(b) EXCEPTION.—A State or political subdivision of
18
a State shall not be deemed a sanctuary jurisdiction based
19
solely on its having a policy whereby its officials will not
20
share information regarding, or comply with a request
21
made by the Department of Homeland Security under sec-
22
tion 236 or 287 of the Immigration and Nationality Act
23
(8 U.S.C. 1226 and 1357) to comply with a detainer re-
24
garding, an individual who comes forward as a victim or
25
a witness to a criminal offense.
26
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•S 1068 IS
SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CER-
1
TAIN FEDERAL FUNDS.
2
(a) ECONOMIC
DEVELOPMENT
ADMINISTRATION
3
GRANTS.—
4
(1) GRANTS
FOR
PUBLIC
WORKS
AND
ECO-
5
NOMIC DEVELOPMENT.—Section 201(b) of the Pub-
6
lic Works and Economic Development Act of 1965
7
(42 U.S.C. 3141(b)) is amended—
8
(A) in paragraph (2), by striking ‘‘and’’ at
9
the end;
10
(B) in paragraph (3), by striking the pe-
11
riod at the end and inserting ‘‘; and’’; and
12
(C) by adding at the end the following:
13
‘‘(4) the area in which the project is to be car-
14
ried out is not a sanctuary jurisdiction (as defined
15
in section 3 of the Stop Dangerous Sanctuary Cities
16
Act).’’.
17
(2) GRANTS FOR PLANNING AND ADMINISTRA-
18
TIVE
EXPENSES.—Section 203(a) of the Public
19
Works and Economic Development Act of 1965 (42
20
U.S.C. 3143(a)) is amended by adding at the end
21
the following: ‘‘A sanctuary jurisdiction (as defined
22
in section 3 of the Stop Dangerous Sanctuary Cities
23
Act) may not be deemed an eligible recipient under
24
this subsection.’’.
25
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•S 1068 IS
(3) SUPPLEMENTARY GRANTS.—Section 205(a)
1
of the Public Works and Economic Development Act
2
of 1965 (42 U.S.C. 3145(a)) is amended—
3
(A) in paragraph (2), by striking ‘‘and’’ at
4
the end;
5
(B) in paragraph (3)(B), by striking the
6
period at the end and inserting ‘‘; and’’; and
7
(C) by adding at the end the following:
8
‘‘(4) will be carried out in an area that does not
9
contain a sanctuary jurisdiction (as defined in sec-
10
tion 3 of the Stop Dangerous Sanctuary Cities
11
Act).’’.
12
(4) GRANTS
FOR
TRAINING, RESEARCH, AND
13
TECHNICAL ASSISTANCE.—Section 207 of the Public
14
Works and Economic Development Act of 1965 (42
15
U.S.C. 3147) is amended by adding at the end the
16
following:
17
‘‘(c) INELIGIBILITY
OF
SANCTUARY
JURISDIC-
18
TIONS.—Grant funds authorized under this section may
19
not be used to provide assistance to a sanctuary jurisdic-
20
tion (as defined in section 3 of the Stop Dangerous Sanc-
21
tuary Cities Act).’’.
22
(b) COMMUNITY DEVELOPMENT BLOCK GRANTS.—
23
Title I of the Housing and Community Development Act
24
of 1974 (42 U.S.C. 5301 et seq.) is amended—
25
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•S 1068 IS
(1) in section 102(a) (42 U.S.C. 5302(a)), by
1
adding at the end the following:
2
‘‘(25) The term ‘sanctuary jurisdiction’ has the
3
meaning provided in section 3 of the Stop Dan-
4
gerous Sanctuary Cities Act.’’; and
5
(2) in section 104(b) (42 U.S.C. 5304(b))—
6
(A) in paragraph (5), by striking ‘‘and’’ at
7
the end;
8
(B) by redesignating paragraph (6) as
9
paragraph (7); and
10
(C) by inserting after paragraph (5) the
11
following:
12
‘‘(6) the grantee is not a sanctuary jurisdiction
13
and will not become a sanctuary jurisdiction during
14
the period for which the grantee receives a grant
15
under this title; and’’; and
16
(3) in section 106 (42 U.S.C. 5306), by adding
17
at the end the following:
18
‘‘(g)
PROTECTION
OF
INDIVIDUALS
AGAINST
19
CRIME.—
20
‘‘(1) IN GENERAL.—No funds authorized to be
21
appropriated to carry out this title may be obligated
22
or expended for any State or unit of general local
23
government that is a sanctuary jurisdiction.
24
‘‘(2) RETURNED AMOUNTS.—
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•S 1068 IS
‘‘(A) STATE.—If a State is a sanctuary ju-
1
risdiction during the period for which it receives
2
amounts under this title, the Secretary—
3
‘‘(i) shall direct the State to imme-
4
diately return to the Secretary any such
5
amounts that the State received for that
6
period; and
7
‘‘(ii) shall reallocate amounts returned
8
under clause (i) for grants under this title
9
to other States that are not sanctuary ju-
10
risdictions.
11
‘‘(B) UNIT OF GENERAL LOCAL GOVERN-
12
MENT.—If a unit of general local government is
13
a sanctuary jurisdiction during the period for
14
which it receives amounts under this title, any
15
such amounts that the unit of general local gov-
16
ernment received for that period—
17
‘‘(i) in the case of a unit of general
18
local government that is not in a non-
19
entitlement area, shall be returned to the
20
Secretary for grants under this title to
21
States and other units of general local gov-
22
ernment that are not sanctuary jurisdic-
23
tions; and
24
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•S 1068 IS
‘‘(ii) in the case of a unit of general
1
local government that is in a nonentitle-
2
ment area, shall be returned to the Gov-
3
ernor of the State for grants under this
4
title to other units of general local govern-
5
ment in the State that are not sanctuary
6
jurisdictions.
7
‘‘(C) REALLOCATION
RULES.—In reallo-
8
cating amounts under subparagraphs (A) and
9
(B), the Secretary—
10
‘‘(i) shall apply the relevant allocation
11
formula under subsection (b), with all
12
sanctuary jurisdictions excluded; and
13
‘‘(ii) shall not be subject to the rules
14
for reallocation under subsection (c).’’.
15
(c) EFFECTIVE DATE.—This section and the amend-
16
ments made by this section shall take effect on October
17
1, 2023.
18
Æ
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