Stop Dangerous Sanctuary Cities Act
This bill prohibits a sanctuary jurisdiction from receiving grants under certain Economic Development Assistance Programs and the Community Development Block Grant Program. A sanctuary jurisdiction is a state or local government that has in effect a statute, policy, or practice 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.
The bill authorizes a state or local government to comply with a detainer and limits the liability of a state or local government for complying with the detainer.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1644 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1644
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23 (legislative day, May 22), 2019
Mr. Toomey (for himself, Mr. Kennedy, Mr. Cotton, Mrs. Blackburn, Mr.
Blunt, Mrs. Capito, Mr. Cassidy, Mr. Cruz, Mr. Daines, Mr. Grassley,
Mr. Hoeven, Mrs. Hyde-Smith, Mr. Inhofe, Mr. Johnson, Mr. Paul, Mr.
Perdue, Mr. Risch, Mr. Tillis, Mr. Wicker, and Mr. Cornyn) 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 may cooperate with
Federal officials to protect our communities from violent criminals and
suspected terrorists who are illegally present in the United States.
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 ``Stop Dangerous Sanctuary Cities
Act''.
SEC. 2. ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS MAY
COOPERATE TO SAFEGUARD OUR COMMUNITIES.
(a) Authority To Cooperate With Federal Officials.--A State, a
political subdivision of a State, or an officer, employee, or agent of
such State or political subdivision that complies 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 actions taken to comply with the
detainer, 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 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 JURISDICTION DEFINED.
(a) In General.--Except as provided under subsection (b), for
purposes of this Act, 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.
(b) Exception.--A State or political subdivision of a State shall
not be deemed a sanctuary jurisdiction based solely on its having a
policy whereby its officials will not share information regarding, or
comply with a request 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 regarding, an individual who
comes forward as a victim or a witness to a criminal offense.
SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN FEDERAL FUNDS.
(a) Economic Development Administration Grants.--
(1) Grants for public works and economic development.--
Section 201(b) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141(b)) is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) the area in which the project is to be carried out is
not a sanctuary jurisdiction (as defined in section 3 of the
Stop Dangerous Sanctuary Cities Act).''.
(2) Grants for planning and administrative expenses.--
Section 203(a) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3143(a)) is amended by adding at the end the
following: ``A sanctuary jurisdiction (as defined in section 3
of the Stop Dangerous Sanctuary Cities Act) may not be deemed
an eligible recipient under this subsection.''.
(3) Supplementary grants.--Section 205(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3145(a))
is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3)(B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) will be carried out in an area that does not contain
a sanctuary jurisdiction (as defined in section 3 of the Stop
Dangerous Sanctuary Cities Act).''.
(4) Grants for training, research, and technical
assistance.--Section 207 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3147) is amended by adding
at the end the following:
``(c) Ineligibility of Sanctuary Jurisdictions.--Grant funds
authorized under this section may not be used to provide assistance to
a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous
Sanctuary Cities Act).''.
(b) Community Development Block Grants.--Title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the
end the following:
``(25) The term `sanctuary jurisdiction' has the meaning
provided in section 3 of the Stop Dangerous Sanctuary Cities
Act.''; and
(2) in section 104 (42 U.S.C. 5304)--
(A) subsection (b)--
(i) in paragraph (5), by striking ``and''
at the end;
(ii) by redesignating paragraph (6) as
paragraph (7); and
(iii) by inserting after paragraph (5) the
following:
``(6) the grantee is not a sanctuary jurisdiction and will
not become a sanctuary jurisdiction during the period for which
the grantee receives a grant under this title; and''; and
(B) by adding at the end the following:
``(n) Protection of Individuals Against Crime.--
``(1) In general.--No funds authorized to be appropriated
to carry out this title may be obligated or expended for any
State or unit of general local government that is a sanctuary
jurisdiction.
``(2) Returned amounts.--
``(A) State.--If a State is a sanctuary
jurisdiction during the period for which it receives
amounts under this title, the Secretary--
``(i) shall direct the State to immediately
return to the Secretary any such amounts that
the State received for that period; and
``(ii) shall reallocate amounts returned
under clause (i) for grants under this title to
other States that are not sanctuary
jurisdictions.
``(B) Unit of general local government.--If a unit
of general local government is a sanctuary jurisdiction
during the period for which it receives amounts under
this title, any such amounts that the unit of general
local government received for that period--
``(i) in the case of a unit of general
local government that is not in a
nonentitlement area, shall be returned to the
Secretary for grants under this title to States
and other units of general local government
that are not sanctuary jurisdictions; and
``(ii) 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 grants under this title to other
units of general local government in the State
that are not sanctuary jurisdictions.
``(C) Reallocation rules.--In reallocating amounts
under subparagraphs (A) and (B), the Secretary shall--
``(i) apply the relevant allocation formula
under subsection (b), with all sanctuary
jurisdictions excluded; and
``(ii) shall not be subject to the rules
for reallocation under subsection (c).''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2019.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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