Protecting American Lives Act
This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to declare that a person or agency shall not prohibit or restrict a federal, state, or local government entity from undertaking any of the following law enforcement activities (current law refers to information activities) regarding an individual's immigration status:
A federal, state, or local government entity or official shall not issue ordinances, administrative actions, general or special orders, or departmental policies that violate federal law or restrict a state or political subdivision from complying with federal law or coordinating with federal law enforcement.
A state or political subdivision that has in effect a statute, policy, or practice that prohibits state or local law enforcement officers from assisting or cooperating with federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive: (1) funds for the incarceration of undocumented criminal aliens or for the Cops on the Beat program, or (2) any other law enforcement or Department of Homeland Security (DHS) grant.
States or political subdivisions not in compliance shall: (1) be ineligible to receive such assistance for at least one year, and (2) become eligible for such assistance only after DHS certifies that the jurisdiction is in compliance. Withheld funds shall be reallocated to complying states or political subdivisions.
States and political subdivisions shall provide DHS with identifying information regarding each incarcerated alien who is believed to be inadmissible or deportable.
Nothing in this Act shall require state or local law enforcement officials to: (1) provide DHS with information related to a victim of a crime or witness to a criminal offense, or (2) otherwise report or arrest such a victim or witness.
A state or a political subdivision acting in compliance with a DHS detainer that temporarily holds aliens in its custody so that they may be taken into federal custody, or transports the aliens for transfer to federal custody, shall be considered to be acting under color of federal authority for purposes of determining its liability, and immunity from suit in civil actions brought by the aliens under federal or state law.
It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this Act.
The Immigration and Nationality Act is amended to increase mandatory minimum sentences for the illegal re-entry of an alien who: (1) was previously denied admission, excluded, deported, or removed; or (2) was removed for certain criminal convictions or excluded for security-related grounds.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1842 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1842
To ensure State and local compliance with all Federal immigration
detainers on aliens in custody and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2015
Mr. Sessions (for himself, Mr. Johnson, Mr. Cotton, Mr. Inhofe, and Mr.
Cruz) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To ensure State and local compliance with all Federal immigration
detainers on aliens in custody and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Lives Act''.
SEC. 2. DEFINITIONS AND SEVERABILITY.
(a) Definitions.--In this Act:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(3) State.--The term ``State'' has the meaning given to
such term in section 101(a)(36) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(36)).
(b) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance, is held invalid, the
remainder of this Act, and the application of such provision to other
persons not similarly situated or to other circumstances, shall not be
affected by such invalidation.
SEC. 3. INFORMATION SHARING REGARDING CRIMINAL ALIENS.
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking ``Immigration and Naturalization Service''
each place it appears and inserting ``Department of Homeland
Security'';
(2) in subsection (a), by striking ``may'' and inserting
``shall'';
(3) in subsection (b)--
(A) by striking ``no person or agency may'' and
inserting ``a person or agency shall not''; and
(B) by striking ``doing any of the following with
respect to information'' and inserting ``undertaking
any of the following law enforcement activities''; and
(4) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Notifying the Federal Government regarding the
presence of inadmissible and deportable aliens who are
encountered by law enforcement personnel of a State or
political subdivision of a State.
``(2) Complying with requests for information from Federal
law enforcement.''; and
(5) by adding at the end the following:
``(d) Sanctuary Polices.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local government
entity or official shall not issue in the form of resolutions,
ordinances, administrative actions, general or special orders, or
departmental policies that violate Federal law or restrict a State or
political subdivision of a State from complying with Federal law or
coordinating with Federal law enforcement.
``(e) Compliance.--
``(1) In general.--A State, or a political subdivision of a
State, that has in effect a statute, policy, or practice that
prohibits law enforcement officers of the State, or of a
political subdivision of the State, from assisting or
cooperating with Federal immigration law enforcement in the
course of carrying out the officers' routine law enforcement
duties shall not be eligible to receive--
``(A) any of the funds that would otherwise be
allocated to the State or political subdivision under
section 241(i) of the Immigration and Nationality Act
(8 U.S.C. 1231(i)) or the `Cops on the Beat' program
under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.); or
``(B) any other law enforcement or Department of
Homeland Security grant.
``(2) Annual determination.--
``(A) Requirement.--Not later than March 1 of each
year, the Secretary of Homeland Security shall
determine which States or political subdivisions of a
State are not in compliance with this section and
report such determination to Congress.
``(B) Ineligibility for financial assistance.--Any
jurisdiction that the Secretary determines is not in
compliance under subparagraph (A)--
``(i) shall be ineligible to receive
Federal financial assistance as provided in
paragraph (1) for a minimum period of 1 year;
and
``(ii) shall only become eligible for such
assistance after the Secretary certifies that
the jurisdiction is in compliance.
``(3) Reallocation.--Any funds that are not allocated to a
State or to a political subdivision of a State, due to the
failure of the State, or of the political subdivision of the
State, to comply with this section shall be reallocated to
States, or to political subdivisions of States, that comply
with such subsection.
``(f) State and Local Law Enforcement Provision of Information
About Apprehended Aliens.--
``(1) Provision of information.--In compliance with this
section and section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each
State, and each political subdivision of a State, shall provide
the Secretary of Homeland Security in a timely manner with
identifying information with respect to each alien in the
custody of the State, or a political subdivision of the State,
who is believed to be inadmissible or deportable.
``(2) Annual report on compliance.--Not later than March 1
of each year, the Secretary shall determine which States, or
the political subdivisions of States, are not in compliance
with this section and submit such determination to Congress.
``(g) Reimbursement.--The Secretary of Homeland Security shall
reimburse States, and political subdivisions of a State, for all
reasonable costs, as determined by the Secretary, incurred by the
State, or the political subdivision of a State, as a result of
providing information under subsection (f)(1).
``(h) Construction.--Nothing in this section shall require law
enforcement officials of a State, or from political subdivisions of a
State--
``(1) to provide the Secretary of Homeland Security with
information related to a victim of a crime or witness to a
criminal offense; or
``(2) to otherwise report or arrest such a victim or
witness.''.
SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Except as otherwise provided by Federal law or
rule of procedure, the Secretary shall execute all lawful writs,
process, and orders issued under the authority of the United States,
and shall command all necessary assistance to execute the Secretary's
duties.
(b) State and Local Cooperation With DHS Detainers.--A State, or a
political subdivision of a State, that has in effect a statute or
policy or practice providing that it not comply with any Department
detainer ordering that it temporarily hold an alien in their custody so
that the alien may be taken into Federal custody, or transport the
alien for transfer to Federal custody, shall not be eligible to
receive--
(1) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)) or the
``Cops on the Beat'' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.); or
(2) any other law enforcement or Department grant.
(c) Immunity.--A State or a political subdivision of a State acting
in compliance with a Department detainer who temporarily holds aliens
in its custody so that they may be taken into Federal custody, or
transports the aliens for transfer to Federal custody, shall be
considered to be acting under color of Federal authority for purposes
of determining its liability, and immunity from suit, in civil actions
brought by the aliens under Federal or State law.
(d) Probable Cause.--It is the sense of Congress that the
Department has probable cause to believe that an alien is inadmissible
or deportable when it issues a detainer regarding such alien under the
standards in place on the date of introduction of this Act.
SEC. 5. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``not more than 2 years,'' and
inserting ``not less than 5 years,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``not less than
5 years and'' after ``imprisoned'';
(B) in paragraph (2), by inserting ``not less than
5 years and'' after ``imprisoned'';
(C) in paragraph (3), by striking ``sentence.'' and
inserting ``sentence;''; and
(D) in paragraph (4), by inserting ``not less than
5 years and'' after ``imprisoned for''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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