No Federal Funding to Benefit Sanctuary Cities Act
This bill prohibits a sanctuary jurisdiction from receiving federal financial assistance. A sanctuary jurisdiction is a state or political subdivision that has a statute, policy, or practice in effect that prohibits or restricts: (1) information sharing about an individual's immigration status, or (2) compliance with a lawfully issued detainer request or notification of release request.
A state or political subdivision that complies with a detainer is deemed to be an agent of the Department of Homeland Security and is authorized to take actions to comply with the detainer.
The bill limits the liability of a state or political subdivision, or an officer or employee of such state or political subdivision, for actions in compliance with the detainer.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4805 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4805
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, to
stop taxpayer dollars from flowing to jurisdictions that fail to comply
with Federal law, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2018
Mr. Messer introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Oversight and Government Reform, for a period to be subsequently
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 cooperate with
Federal officials to protect our communities from violent criminals and
suspected terrorists who are illegally present in the United States, to
stop taxpayer dollars from flowing to jurisdictions that fail to comply
with Federal law, 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 ``No Federal Funding to Benefit
Sanctuary Cities Act''.
SEC. 2. PROTECTING LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS WHO
COOPERATE TO SAFEGUARD COMMUNITIES.
(a) In General.--A State, a political subdivision of a State, or an
officer, employee, or agent of such State or political subdivision that
takes action to comply with a detainer issued by the Department of
Homeland Security under section 236 or 287 of the Immigration and
Nationality Act (8 U.S.C. 1226 and 1357)--
(1) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(2) with regard to such actions, shall have all authority
available to officers and employees of the Department of
Homeland Security.
(b) Legal Proceedings.--In any legal proceeding brought against a
State, a political subdivision of a State, or an officer, employee, or
agent of such State or political subdivision, which challenges the
legality of the seizure or detention of an individual pursuant to a
detainer issued by the Department of Homeland Security under section
236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and
1357)--
(1) no liability shall lie against the State or political
subdivision of a State for actions taken in compliance with the
detainer; and
(2) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(A) the officer, employee, or agent shall be
deemed--
(i) to be an employee of the Federal
Government and an investigative or law
enforcement officer; and
(ii) to have been acting within the scope
of his or her employment under section 1346(b)
and chapter 171 of title 28, United States
Code;
(B) section 1346(b) of title 28, United States
Code, shall provide the exclusive remedy for the
plaintiff; and
(C) the United States shall be substituted as
defendant in the proceeding.
(c) Rule of Construction.--Nothing in this section may be construed
to provide immunity to any person who knowingly violates the civil or
constitutional rights of an individual.
SEC. 3. SANCTUARY JURISDICTIONS INELIGIBLE FOR FEDERAL FUNDS.
(a) In General.--Beginning with fiscal year 2019, a sanctuary
jurisdiction is ineligible to receive Federal financial assistance (as
defined in section 7501 of title 31, United States Code).
(b) Sanctuary Jurisdiction Defined.--For purposes of this section,
the term ``sanctuary jurisdiction'' means any State or political
subdivision of a State that has in effect a statute, ordinance, policy,
or practice that prohibits or restricts any government entity or
official from--
(1) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual; or
(2) complying with a request lawfully made by the
Department of Homeland Security under section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to
comply with a detainer for, or notify about the release of, an
individual.
(c) Returned Amounts.--
(1) State.--If a State is a sanctuary jurisdiction during a
period in fiscal year 2019 or thereafter for which it receives
Federal financial assistance (as defined in section 7501 of
title 31, United States Code) from an Executive agency (as
defined in section 105 of title 5, United States Code), the
head of such agency--
(A) shall direct the State immediately to return
any such amounts that the State received for that
period; and
(B) shall reallocate amounts returned under
subparagraph (A) to other States that are not sanctuary
jurisdictions.
(2) Unit of general local government.--If a unit of general
local government is a sanctuary jurisdiction during a period in
fiscal year 2019 or thereafter for which it receives Federal
financial assistance (as defined in section 7501 of title 31,
United States Code) from an Executive agency (as defined in
section 105 of title 5, United States Code), any such amounts
that the unit of general local government received for that
period--
(A) in the case of a unit of general local
government that is not in a nonentitlement area, shall
be returned the head of such agency for reallocation to
States and other units of general local government that
are not sanctuary jurisdictions; and
(B) in the case of a unit of general local
government that is in a nonentitlement area, shall be
returned to the Governor of the State for reallocation
to other units of general local government in the State
that are not sanctuary jurisdictions.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration and Border Security.
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