Justice for Victims of Sanctuary Cities Act of 2021
This bill provides a private right of action against state and local jurisdictions with certain policies that limit cooperation with federal immigration enforcement efforts, and contains additional provisions related to such jurisdictions. Currently, such cooperation is generally not required.
An individual (or certain relatives of such an individual) who is the victim of any felony for which an alien has been arrested, convicted, or sentenced to a prison term of at least one year may sue a state or local jurisdiction if the jurisdiction failed to comply with (1) certain Department of Homeland Security (DHS) requests related to arresting and detaining aliens, and (2) a DHS request to detain the alien in question or provide a notification about the release of the alien. A jurisdiction that accepts certain federal grants may not assert immunity in such a civil action.
A jurisdiction (or employee of a jurisdiction) that complies with certain DHS detainer requests shall be deemed to be acting as an agent of DHS. A complying jurisdiction or employee of the jurisdiction shall not be liable in any lawsuit relating to compliance with such requests. In a lawsuit against an employee of the jurisdiction, the United States shall be substituted in as the defendant, and remedies shall be limited to provisions for bringing tort claims against the federal government.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 515 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 515
To provide a civil remedy for individuals harmed by sanctuary
jurisdiction policies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mr. Budd (for himself, Mr. Gaetz, Mr. Duncan, Mr. Norman, Mr. Allen,
Mr. Brooks, Mrs. Greene of Georgia, Mr. DesJarlais, Mr. Cawthorn, Mr.
Babin, and Mr. Wright) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Transportation and Infrastructure, and Financial
Services, 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 provide a civil remedy for individuals harmed by sanctuary
jurisdiction policies, 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 ``Justice for Victims of Sanctuary
Cities Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Sanctuary jurisdiction.--
(A) In general.--Except as provided in subparagraph
(B), 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--
(i) sending, receiving, maintaining, or
exchanging with any Federal, State, or local
government entity information regarding the
citizenship or immigration status of any alien;
or
(ii) 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 alien.
(B) Exception.--A State or political subdivision of
a State shall not be deemed a sanctuary jurisdiction
based solely on 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 alien who comes forward as a
victim or a witness to a criminal offense.
(2) Sanctuary policy.--The term ``sanctuary policy'' means
a statute, ordinance, policy, or practice referred to in
paragraph (1)(A).
(3) Sanctuary-related civil action.--The term ``sanctuary-
related civil action'' means a civil action brought against a
sanctuary jurisdiction by an individual (or the estate,
survivors, or heirs of an individual) who--
(A) is injured or harmed by an alien who benefitted
from a sanctuary policy of the sanctuary jurisdiction;
and
(B) would not have been so injured or harmed but
for the alien receiving the benefit of such sanctuary
policy.
SEC. 3. CIVIL ACTION FOR HARM BY AN ALIEN THAT BENEFITTED FROM A
SANCTUARY POLICY.
(a) Private Right of Action.--
(1) Cause of action.--Any individual, or a spouse, parent,
or child of such individual (if the individual is deceased or
permanently incapacitated), 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 arrested,
convicted, or sentenced to a term of imprisonment of at least 1
year, may bring an action for compensatory damages against a
State or a political subdivision of a State in the appropriate
Federal or State court if the State or political subdivision
failed to comply with--
(A) a request with respect to an alien that was
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); and
(B) a detainer for, or notify about the release of,
the alien.
(2) Statute of limitations.--An action brought under this
subsection may not be brought later than 10 years after the
occurrence of the crime, or death of a person as a result of
such crime, whichever occurs later.
(3) Attorney's fee and other costs.--In any action or
proceeding under this subsection the court shall allow a
prevailing plaintiff a reasonable attorney's fee as part of the
costs, and include expert fees as part of the attorney's fee.
(b) Waiver of Immunity.--
(1) In general.--Any State or political subdivision of a
State that accepts a grant described in paragraph (2) from the
Federal Government shall agree, as a condition of receiving
such grant, to waive any immunity of such State or political
subdivision relating to a sanctuary-related civil action.
(2) Grants described.--The grants described in this
paragraph are--
(A) a grant for public works and economic
development under section 201(a) of the Public Works
and Economic Development Act of 1965 (42 U.S.C.
3141(a));
(B) a grant for planning and administrative
expenses under section 203(a) of such Act (42 U.S.C.
3143(a));
(C) a supplemental grant under section 205(b) of
such Act (42 U.S.C. 3145(b));
(D) a grant for training, research, and technical
assistance under section 207(a) of such Act (42 U.S.C.
3147(a)); and
(E) except as provided in paragraph (3), a
community development block grant made pursuant to
title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
(3) Exception.--Grants described in paragraph (2)(E) shall
not include any disaster relief grants to address the damage in
an area for which the President has declared a disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.).
SEC. 4. ENSURING COOPERATION BETWEEN FEDERAL AND LOCAL LAW ENFORCEMENT
OFFICERS 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) shall comply with section 287(d) of the Immigration and
Nationality Act (8 U.S.C. 1357(d)) and section 287.5(d) of
title 8, Code of Federal Regulations.
(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 challenging 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) the State or political subdivision of a State shall not
be liable for any action taken in accordance with the detainer;
and
(2) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in accordance
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)
of title 28, United States Code, and chapter
171 of such title;
(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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Financial Services, 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 Committees on Transportation and Infrastructure, and Financial Services, 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 Committees on Transportation and Infrastructure, and Financial Services, 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.
Sponsor introductory remarks on measure. (CR H329-330)
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Referred to the Subcommittee on Immigration and Citizenship.
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