Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015

Summary: Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015 This bill prohibits a jurisdiction from receiving any of the funding specified in this Act if it does not cooperate with federal officials regarding criminal aliens or other aliens deemed to be a removal priority by the Department of Homeland Security (DHS), including by refusing to: (1) detain or transfer custody of such aliens pursuant to detainers placed upon them; or (2) notify a federal law enforcement agency, upon request, of their release.  Such funding consists of:   incarceration reimbursement funds under the Immigration and Nationality Act,  grant funding under the Second Chance Act of 2007, and  any other law enforcement related grants or contracts awarded by DHS or the Department of Justice (DOJ).  A jurisdiction shall become eligible to receive such funds, grants, or contracts after DHS certifies that:   the jurisdiction no longer fails to cooperate with federal officials regarding detentions, transfers, and notifications; and  the statute, policy, or practice of that state or local government prohibiting law enforcement officers from assisting or cooperating with federal immigration law enforcement regarding criminal aliens has been repealed, rescinded, or terminated.   Withheld funds shall be reallocated equally among:   states and local governments which cooperate with federal officials regarding detentions, transfers, and notifications, and apply to the appropriate Department for such funds; and  any statutorily authorized federal grant program designed to protect victims of violence.  DHS and DOJ shall publish jointly on their websites: (1) a list of sanctuary jurisdictions, and (2) a list of jurisdictions that do not grant federal immigration law enforcement officers regular access to jails or detention facilities.  The Immigration and Nationality Act is amended to increase the penalty for reentry by a removed alien. Nothing in this Act may be construed to: (1) require law enforcement officials of a state or a local government to report or arrest victims or witnesses of a criminal offense, or (2) limit the ability of state and local law enforcement to cooperate with federal immigration law enforcement with regard to aliens who are not criminal aliens.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Cooperation with States 
and Local Governments and Preventing the Catch and Release of Criminal 
Aliens Act of 2015''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Criminal alien.--The term ``criminal alien'' means any 
        alien who--
                    (A) was arrested, charged, or convicted of an 
                offense described in section 101(a)(43) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(43));
                    (B) is described in paragraph (2), (3), (9)(A), 
                (9)(C)(i)(II), or (10)(C) of section 212(a) of such Act 
                (8 U.S.C. 1182(a));
                    (C) is removable under paragraph (2) or (4) of 
                section 237(a) of such Act (8 U.S.C. 1227(a));
                    (D) is described in section 276 of such Act (8 
                U.S.C. 1326); or
                    (E) was arrested, charged, or convicted of any 
                felony or misdemeanor offense relating to driving under 
                the influence of alcohol or drugs.
            (2) Sanctuary jurisdiction.--The term ``sanctuary 
        jurisdiction'' means a State or a political subdivision of a 
        State that has in effect a statute, policy, or practice that 
        prohibits law enforcement officers of the State, or of the 
        political subdivision, from assisting or cooperating with 
        Federal immigration law enforcement in the course of carrying 
        out the officers' routine law enforcement duties.

SEC. 3. LIMITS ON FEDERAL FUNDING FOR STATE AND LOCAL JURISDICTIONS.

    (a) In General.--A jurisdiction may not receive any of the funding 
described in subsection (b) if the jurisdiction does not cooperate with 
Federal officials with respect to criminal aliens or other aliens 
deemed to be a priority for removal by the Secretary of Homeland 
Security, including by refusing--
            (1) to detain or transfer custody of such aliens pursuant 
        to detainers placed upon such aliens; or
            (2) to notify a Federal law enforcement agency, upon 
        request, of the release of such aliens.
    (b) Restricted Funding.--The funding described in this subsection 
consists of--
            (1) 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));
            (2) any grant funding authorized under the Second Chance 
        Act of 2007 (Public Law 110-199); and
            (3) any other law enforcement related grants or contracts 
        awarded by the Department of Homeland Security or Department of 
        Justice, which may be designated by the relevant Secretary or 
        the Attorney General.
    (c) Termination of Ineligibility.--A jurisdiction shall become 
eligible to receive funds, grants, or contracts described in subsection 
(b) after the Secretary of Homeland Security, in consultation with the 
Attorney General, certifies that--
            (1) the jurisdiction no longer fails to cooperate with 
        Federal officials regarding detentions, transfers, and 
        notifications described in subsection (a); and
            (2) the statute, policy, or practice of that State or 
        political subdivision prohibiting law enforcement officers from 
        assisting or cooperating with Federal immigration law 
        enforcement with respect to criminal aliens has been repealed, 
        rescinded, or terminated.
    (d) Reallocation.--Any funds that are withheld from a jurisdiction 
pursuant to this section shall be reallocated by the Secretary of 
Homeland Security or by the Attorney General, in consultation with each 
other, equally among--
            (1) States and political subdivisions of States, which--
                    (A) cooperate with Federal officials regarding the 
                detentions, transfers, and notifications described 
                subsection (a); and
                    (B) submit an application to the appropriate 
                Department for such unobligated funds; and
            (2) any statutorily authorized Federal grant program 
        designed to protect victims of violence.

SEC. 4. TRANSPARENCY AND ACCOUNTABILITY.

    (a) Annual Publication.--Not later than 60 days after the date of 
the enactment of this Act and annually thereafter, the Secretary of 
Homeland Security and the Attorney General shall jointly publish, on 
the websites of their respective departments--
            (1) a list of sanctuary jurisdictions; and
            (2) a list of jurisdictions that do not grant Federal 
        immigration law enforcement officers regular access to jails or 
        detention facilities.
    (b) Public Disclosure of Detainers or Requests for Notification.--
Not later than 60 days after the date of the enactment of this Act, and 
quarterly thereafter, the Secretary of Homeland Security shall publish, 
on the website of the Department of Homeland Security--
            (1) the total number of detainers and requests for 
        notification of the release of any alien that has been issued 
        to each State or political subdivision; and
            (2) the number of such detainers, and requests for 
        notification that have been ignored or otherwise not honored.

SEC. 5. INCREASE IN PENALTY FOR REENTRY BY REMOVED ALIEN.

    Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 
1326(a)) is amended, in the undesignated matter following paragraph 
(2)(B), by striking ``shall be fined under title 18, United States 
Code, or imprisoned not more than 2 years, or both'' and inserting 
``shall be imprisoned for not less than 5 years and may also be fined 
under title 18, United States Code''.

SEC. 6. SAVINGS PROVISIONS.

    Nothing in this Act may be construed--
            (1) to require law enforcement officials of a State or a 
        political subdivision of a State to report or arrest victims or 
        witnesses of a criminal offense; or
            (2) to limit the ability of State and local law enforcement 
        to cooperate with Federal immigration law enforcement with 
        regard to aliens who are not criminal aliens.