No Sanctuary for Criminals Act
This bill addresses issues related to immigration enforcement.
A government entity may not prohibit its personnel or another government entity from cooperating with federal immigration enforcement efforts or making inquiries about an individual's immigration status. Currently, a government entity is only barred from prohibiting the sharing of immigration-related information with the Department of Homeland Security (DHS).
A noncomplying state or local government shall be ineligible for certain grants and assistance related to law enforcement, terrorism, and immigration.
DHS may (1) decline to transfer a detained alien to a noncomplying government entity even if that entity has issued a writ or warrant, and (2) issue a detainer if it believes that an individual arrested for any criminal or motor vehicle offense is inadmissible or deportable. DHS may not transfer an alien with a final order of removal to a noncomplying government entity.
The bill also allows a victim of certain felonies (including murder and rape) to sue a state or local government entity if that entity had refused to honor an immigration detainer request and released the individual who later committed the crime.
Furthermore, the bill (1) expands the categories of offenses requiring mandatory detention, (2) provides immunity for a state or local government entity or official temporarily detaining an alien under federal authority, (3) provides that an alien may be detained without time limitation while removal proceedings are pending, and (4) restricts a detained alien's release on bond.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3375 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3375
To amend the Immigration and Nationality Act to modify provisions
relating to assistance by States, and political subdivisions of States,
in the enforcement of Federal immigration laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Mr. Brooks (for himself and Mr. Gooden of Texas) 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 subdivisions 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.
``(e) Construction.--Nothing in this section shall require law
enforcement officials from States, or from political subdivisions of
States, to report or arrest victims or witnesses of a criminal
offense.''.
(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 more than
96 hours, following the date that the individual is otherwise
to be released from the custody of the relevant Federal, State,
or local law enforcement entity.''.
(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.
(c) Private Right of Action.--
(1) 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 if the State or political subdivision
released the alien from custody prior to the commission of such
crime as a consequence of the State or political subdivision's
declining to honor a detainer issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)(1)).
(2) Limitation on bringing action.--An action brought under
this subsection 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.
(3) Attorneys' fee and other costs.--In any action or
proceeding under this subsection 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. 4. SARAH AND GRANT'S LAW.
(a) Detention of Aliens During Removal Proceedings.--
(1) Clerical amendments.--(A) Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended by
striking ``Attorney General'' each place it appears (except in
the second place that term appears in section 236(a)) and
inserting ``Secretary of Homeland Security''.
(B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is
amended by inserting ``the Secretary of Homeland Security or''
before ``the Attorney General--''.
(C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is
amended by striking ``Attorney General's'' and inserting
``Secretary of Homeland Security's''.
(2) Length of detention.--Section 236 of such Act (8 U.S.C.
1226) is amended by adding at the end the following:
``(f) Length of Detention.--
``(1) In general.--Notwithstanding any other provision of
this section, an alien may be detained, and for an alien
described in subsection (c) shall be detained, under this
section without time limitation, except as provided in
subsection (h), during the pendency of removal proceedings.
``(2) Construction.--The length of detention under this
section shall not affect detention under section 241.''.
(3) Detention of criminal aliens.--Section 236(c)(1) of
such Act (8 U.S.C. 1226(c)(1)) is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) by inserting after subparagraph (D) the
following:
``(E) is unlawfully present in the United States
and has been convicted for driving while intoxicated
(including a conviction for driving while under the
influence or impaired by alcohol or drugs) without
regard to whether the conviction is classified as a
misdemeanor or felony under State law, or
``(F)(i)(I) is inadmissible under section
212(a)(6)(i),
``(II) is deportable by reason of a visa revocation
under section 221(i), or
``(III) is deportable under section
237(a)(1)(C)(i), and
``(ii) has been arrested or charged with a
particularly serious crime or a crime resulting in the
death or serious bodily injury (as defined in section
1365(h)(3) of title 18, United States Code) of another
person;''; and
(C) by amending the matter following subparagraph
(F) (as added by subparagraph (B) of this paragraph) to
read as follows:
``any time after the alien is released, without regard to
whether an alien is released related to any activity, offense,
or conviction described in this paragraph; to whether the alien
is released on parole, supervised release, or probation; or to
whether the alien may be arrested or imprisoned again for the
same offense. If the activity described in this paragraph does
not result in the alien being taken into custody by any person
other than the Secretary, then when the alien is brought to the
attention of the Secretary or when the Secretary determines it
is practical to take such alien into custody, the Secretary
shall take such alien into custody.''.
(4) Administrative review.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226), as amended by paragraph
(2), is further amended by adding at the end the following:
``(g) Administrative Review.--The Attorney General's review of the
Secretary's custody determinations under subsection (a) for the
following classes of aliens shall be limited to whether the alien may
be detained, released on bond (of at least $1,500 with security
approved by the Secretary), or released with no bond:
``(1) Aliens in exclusion proceedings.
``(2) Aliens described in section 212(a)(3) or 237(a)(4).
``(3) Aliens described in subsection (c).
``(h) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. No bond may be granted except to an
alien who establishes by clear and convincing evidence that the
alien is not a flight risk or a danger to another person or the
community.
``(2) Certain aliens ineligible.--No alien detained under
subsection (c) may seek release on bond.''.
(5) Clerical amendments.--(A) Section 236(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is
amended by striking ``conditional parole'' and inserting
``recognizance''.
(B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is
amended by striking ``parole'' and inserting ``recognizance''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any alien in detention under the provisions of section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226), as so amended, or
otherwise subject to the provisions of such section, on or after such
date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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