End Sanctuaries and Help Our American Homeless and Veterans Act or the Diamond and Silk Act
This bill imposes penalties on any state or local jurisdiction that has an ordinance, policy, or practice that prohibits or restricts federal, state, or local government entities, officials, or other personnel from enforcing or assisting with enforcing immigration laws.
Such a jurisdiction shall be barred from receiving any federal financial assistance, and certain funds that would have gone to the jurisdiction shall be reallocated to programs to reduce homelessness and address mental illness.
A victim (or certain family members if the victim is deceased) of any felony for which an alien was convicted and sentenced to at least one year in prison may sue a state or local jurisdiction if (1) the jurisdiction knew the alien was unlawfully present in the United States and released the alien prior to the crime's commission, or (2) the crime was a consequence of the jurisdiction refusing to honor a detainer or warrant issued for an alien believed to be unlawfully present and in violation of controlled substances laws. A prevailing plaintiff shall be entitled to reasonable attorney's fees and costs.
A jurisdiction that receives federal financial assistance shall waive sovereign immunity against such lawsuits.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3218 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3218
To prohibit certain Federal funds from being made available to
sanctuary jurisdictions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2019
Mr. King of Iowa introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Oversight and 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 prohibit certain Federal funds from being made available to
sanctuary jurisdictions, 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--
(1) the ``End Sanctuaries and Help Our American Homeless
and Veterans Act''; or
(2) the ``Diamond and Silk Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) According to United States law, found at section 274 of
the Immigration and Nationality Act (8 U.S.C. 1324), it is
illegal to bring or harbor illegal immigrants in our Nation.
(2) In contravention of this law, cities, counties,
parishes, other political subdivisions, and States in our
Nation have adopted policies specifically oriented to bring in,
harbor, and even attract illegal aliens into their
jurisdictions.
(3) Although the Federal Government, and specifically the
Congress of the United States, is constitutionally charged with
establishing ``an uniform Rule of Naturalization'', in certain
cases States and political subdivisions, including cities, have
been assuming the role of immigration authorities, clearly in
violation of both the Constitution and Federal statute.
(4) Historically, the Federal Government has proven
lackadaisical about enforcing its sole jurisdiction in the
serious matter of illegal immigration and taking action against
those jurisdictions that knowingly or recklessly disregard the
Rule of Law to conceal, harbor, attempt to, or actually shield
from detection, such illegal aliens, or that prohibit their
officers from gathering information for, or cooperating with,
Federal officials.
(5) In these wanton acts, such jurisdictions break the law
that its citizens are held to, violate the trust of the
taxpayers who are already charged with a $22 trillion dollar
Government debt that grows daily, and--perhaps worst--subject
those they should protect and serve to death by deliberate
murderous acts and traffic accidents by those who should not be
in the country at all.
(6) In this way, such jurisdictions aid and abet American
deaths that are 100 percent preventable.
(7) Such tragic, preventable American deaths have been
suffered by ``Angel Families'' who have lost spouses, sons,
daughters, grandchildren, parents, and grandparents at the
hands of illegal aliens.
(8) These families are left to suffer deaths that should
not have been, according to the law of the land, while too
often complicit public officials, cities, States, and the
Federal Government are not held accountable.
(9) Meanwhile, our Nation's American homeless and veterans
are too often left out in the cold, without the basic
necessities and care that they need and deserve as citizens of
this country.
(10) Our American homeless and veterans must be prioritized
and cared for by law and in fact.
(11) Jurisdictions' responsibilities must be taken
seriously, and never aid and abet, violations of immigration
law.
(12) These are dual injustices that the law, as is,
dictates must end.
SEC. 3. TREATMENT OF SANCTUARY JURISDICTIONS.
(a) Definition.--In this section, the term ``sanctuary
jurisdiction'' means a State or any political subdivision of a State
that the Attorney General determines has in effect a statute,
ordinance, policy, or practice that prohibits or in any way restricts,
a Federal, State, or local government entity, official, or other
personnel from--
(1) complying with the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))), or from assisting or cooperating with
Federal law enforcement entities, officials, or other personnel
regarding the enforcement of these laws; or
(2) undertaking any of the following law enforcement
activities as they relate to information regarding the
citizenship or immigration status, lawful or unlawful, the
inadmissibility or deportability, or the custody status, of any
individual:
(A) Making inquiries to any individual in order to
obtain such information regarding such individual or
any other individuals.
(B) Notifying the Federal Government regarding the
presence of individuals who are encountered by law
enforcement officials or other personnel of a State or
political subdivision of a State.
(C) Complying with requests for such information
from Federal law enforcement entities, officials, or
other personnel.
(D) Complying with detainers.
(b) Ineligibility of Sanctuary Jurisdictions for Federal Funds.--
(1) States.--No sanctuary jurisdiction that is a State may
be allocated or receive any Federal financial assistance (as
such term is defined in section 7501(a)(5) of title 31, United
States Code).
(2) Political subdivisions.--No sanctuary jurisdiction that
is a political subdivision of a State may be allocated or
receive any funds made available to the Attorney General,
including those made available from the account ``Department of
Justice--Office of Justice Programs--State and Local Law
Enforcement Assistance''.
(3) Sovereign immunity.--Each State and political
subdivision of a State shall, as a condition on receipt of any
Federal financial assistance (as such term is defined in
section 7501(a)(5) of title 31, United States Code), waive the
sovereign immunity of the State or political subdivision with
respect to actions authorized under section 4.
(4) Reallocation of funds.--Notwithstanding any other
provision of law, any funds not allocated to a sanctuary
jurisdiction from the account ``Department of Justice--Office
of Justice Programs--State and Local Law Enforcement
Assistance'' pursuant to this subsection shall be made
available for activities carried out under the Justice and
Mental Health Collaboration Program of the Office of Justice
Programs of the Department of Justice, to reduce homelessness
in order to improve outcomes for individuals with mental
illnesses or co-occurring mental health and substance abuse
disorders who encounter the justice system, thereby reducing
mental health disorders and homelessness among our citizens.
SEC. 4. PRIVATE RIGHT OF ACTION.
(a) Cause of Action.--Any individual, or a spouse, parent, or child
of that individual (if the individual is deceased), who is the victim
of a murder, rape, or any felony, as defined by the State, for which an
alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) has been convicted and sentenced
to a term of imprisonment of at least 1 year, may bring an action
against a State or political subdivision of a State in the appropriate
Federal or State court--
(1) if the State or political subdivision released the
alien from custody prior to the commission of such crime, and
had knowledge that the alien was unlawfully present in the
United States; or
(2) the crime was a consequence of the State or political
subdivision declining to honor a detainer or warrant issued
pursuant to section 287(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1357(d)(1)).
(b) Application.--Subject to subsection (c), subsection (a) shall
apply without regard to whether the crime was committed before, on, or
after the date of the enactment of this Act.
(c) Limitation on Bringing Action.--
(1) In general.--An action brought under this section may
not be brought later than 10 years following the occurrence of
the crime, or death of a person as a result of such crime,
whichever occurs later.
(2) Exception.--Paragraph (1) shall not apply to an action
brought under this section based on a crime committed before
the date of the enactment of this Act.
(d) Attorney's Fees and Other Costs.--In any action or proceeding
under this section the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and 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 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 Citizenship.
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