No Sanctuary for Criminals Act
This bill prohibits federal, state, or local government entities from having policies that restrict any government entity from cooperating with federal immigration enforcement activities. A state or local government entity that violates this provision shall be ineligible for certain Department of Justice or Department of Homeland Security grants.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9062 Introduced in House (IH)]
<DOC>
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 enforcement 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 immigration laws, 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 Sanctuary for Criminals Act''.
SEC. 2. STATE NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW.
(a) In General.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding any other provision of Federal,
State, or local law, no Federal, State, or local government entity, and
no individual, may prohibit or in any way restrict, a Federal, State,
or local government entity, official, or other personnel from 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.'';
(2) by striking subsection (b) and inserting the following:
``(b) Law Enforcement Activities.--Notwithstanding any other
provision of Federal, State, or local law, no Federal, State, or local
government entity, and no individual, may prohibit, or in any way
restrict, a Federal, State, or local government entity, official, or
other personnel from 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:
``(1) Making inquiries to any individual in order to obtain
such information regarding such individual or any other
individuals.
``(2) 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.
``(3) Complying with requests for such information from
Federal law enforcement entities, officials, or other
personnel.'';
(3) in subsection (c), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of Homeland
Security''; and
(4) by adding at the end the following:
``(d) Compliance.--
``(1) Eligibility for certain grant programs.--A State, or
a political subdivision of a State, that is found not to be in
compliance with subsection (a) or (b) 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)), 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 the Edward Byrne Memorial Justice Assistance
Grant Program under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3750 et seq.); or
``(B) any other grant administered by the
Department of Justice or the Department of Homeland
Security that is substantially related to law
enforcement, terrorism, national security, immigration,
or naturalization.
``(2) Transfer of custody of aliens pending removal
proceedings.--The Secretary, at the Secretary's discretion, may
decline to transfer an alien in the custody of the Department
of Homeland Security to a State or political subdivision of a
State found not to be in compliance with subsection (a) or (b),
regardless of whether the State or political subdivision of the
State has issued a writ or warrant.
``(3) Transfer of custody of certain aliens prohibited.--
The Secretary shall not transfer an alien with a final order of
removal pursuant to paragraph (1)(A) or (5) of section 241(a)
of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a
State or a political subdivision of a State that is found not
to be in compliance with subsection (a) or (b).
``(4) Annual determination.--The Secretary shall determine
for each calendar year which States or political subdivision of
States are not in compliance with subsection (a) or (b) and
shall report such determinations to Congress by March 1 of each
succeeding calendar year.
``(5) Reports.--The Secretary of Homeland Security shall
issue a report concerning the compliance with subsections (a)
and (b) of any particular State or political subdivision of a
State at the request of the House or the Senate Judiciary
Committee. Any jurisdiction that is found not to be in
compliance shall be ineligible to receive Federal financial
assistance as provided in paragraph (1) for a minimum period of
1 year, and shall only become eligible again after the
Secretary of Homeland Security certifies that the jurisdiction
has come into compliance.
``(6) 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 subsection (a) or (b) shall be reallocated
to States or to political subdivisions of States that comply
with both such subsections.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that subsection
(d) of section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section,
shall apply only to prohibited acts committed on or after the date of
the enactment of this Act.
SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Section 287(d) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)) is amended to read as follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--In the case of an individual who is
arrested by any Federal, State, or local law enforcement
official or other personnel for the alleged violation of any
criminal or motor vehicle law, the Secretary may issue a
detainer regarding the individual to any Federal, State, or
local law enforcement entity, official, or other personnel if
the Secretary has probable cause to believe that the individual
is an inadmissible or deportable alien.
``(2) Probable cause.--Probable cause is deemed to be
established if--
``(A) the individual who is the subject of the
detainer matches, pursuant to biometric confirmation or
other Federal database records, the identity of an
alien who the Secretary has reasonable grounds to
believe to be inadmissible or deportable;
``(B) the individual who is the subject of the
detainer is the subject of ongoing removal proceedings,
including matters where a charging document has already
been served;
``(C) the individual who is the subject of the
detainer has previously been ordered removed from the
United States and such an order is administratively
final;
``(D) the individual who is the subject of the
detainer has made voluntary statements or provided
reliable evidence that indicate that they are an
inadmissible or deportable alien; or
``(E) the Secretary otherwise has reasonable
grounds to believe that the individual who is the
subject of the detainer is an inadmissible or
deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, or other personnel to whom a
detainer is issued complies with the detainer and detains for
purposes of transfer of custody to the Department of Homeland
Security the individual who is the subject of the detainer, the
Department may take custody of the individual within 48 hours
(excluding weekends and holidays), but in no instance be
compelled to hold the subject more than 96 hours, but may hold
the subject up to 30 days, following.''.
(b) Immunity.--
(1) In general.--A State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, acting in compliance with a Department of Homeland
Security detainer issued pursuant to this section who
temporarily holds an alien in its custody pursuant to the terms
of a detainer so that the alien may be taken into the custody
of the Department of Homeland Security, shall be considered to
be acting under color of Federal authority for purposes of
determining their liability and shall be held harmless for
their compliance with the detainer in any suit seeking any
punitive, compensatory, or other monetary damages.
(2) Federal government as defendant.--In any civil action
arising out of the compliance with a Department of Homeland
Security detainer by a State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, the United States Government shall be the proper
party named as the defendant in the suit in regard to the
detention resulting from compliance with the detainer.
(3) Bad faith exception.--Paragraphs (1) and (2) shall not
apply to any mistreatment of an individual by a State or a
political subdivision of a State (and the officials and
personnel of the State or subdivision acting in their official
capacities), or a nongovernmental entity (and its personnel)
contracted by the State or political subdivision for the
purpose of providing detention.
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.
SEC. 5. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A CRIME
RESULTING IN DEATH OR SERIOUS BODILY INJURY.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraphs (A) and (B), by striking the
comma at the end of each subparagraph and inserting a
semicolon;
(B) in subparagraph (C)--
(i) by striking ``sentence'' and inserting
``sentenced''; and
(ii) by striking ``, or'' and inserting a
semicolon;
(C) in subparagraph (D), by striking the comma at
the end and inserting ``; or''; and
(D) by inserting after subparagraph (D) the
following:
``(E)(i)(I) was not inspected and admitted into the
United States;
``(II) held a nonimmigrant visa (or other
documentation authorizing admission into the United
States as a nonimmigrant) that has been revoked under
section 221(i); or
``(III) is described in section 237(a)(1)(C)(i);
and
``(ii) has been charged by a prosecuting authority
in the United States with any crime that resulted in
the death or serious bodily injury (as defined in
section 1365(h)(3) of title 18, United States Code) of
another person,''; and
(2) by adding at the end the following:
``(3) Notification requirement.--Upon encountering or
gaining knowledge of an alien described in paragraph (1), the
Assistant Secretary of Homeland Security for Immigration and
Customs Enforcement shall make reasonable efforts--
``(A) to obtain information from law enforcement
agencies and from other available sources regarding the
identity of any victims of the crimes for which such
alien was charged or convicted; and
``(B) to provide the victim or, if the victim is
deceased, a parent, guardian, spouse, or closest living
relative of such victim, with information, on a timely
and ongoing basis, including--
``(i) the alien's full name, aliases, date
of birth, and country of nationality;
``(ii) the alien's immigration status and
criminal history;
``(iii) the alien's custody status and any
changes related to the alien's custody; and
``(iv) a description of any efforts by the
United States Government to remove the alien
from the United States.''.
SEC. 6. SAVINGS PROVISION.
Nothing in this Act, or the amendments made by this Act, may be
construed to limit the rights of crime victims under any other
provision of law, including section 3771 of title 18, United States
Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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