I 

115TH CONGRESS 

1ST SESSION H. R. 748 

To protect any State or local authority that limits or restricts compliance 

with an immigration detainer request remains eligible for grants and 

appropriated funds. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2017 

Mr. QUIGLEY (for himself, Ms. BARRAGA ́N, Mr. PAYNE, Mr. BLUMENAUER, 

Ms. JUDY CHU of California, Ms. DELAURO, Mr. ELLISON, Mr. 

ESPAILLAT, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. 

JEFFRIES, Mr. LARSEN of Washington, Mrs. CAROLYN B. MALONEY of 

New York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MEEKS, 

Ms. MOORE, Mr. NADLER, Ms. NORTON, Mr. BEYER, Mr. RASKIN, Ms. 

SCHAKOWSKY, Mr. SERRANO, Mr. SOTO, Ms. TITUS, Mr. TONKO, Mr. 

VARGAS, Ms. VELA ́ZQUEZ, Mr. GALLEGO, Mr. TED LIEU of California, 

Mr. WELCH, Mr. SMITH of Washington, Mrs. NAPOLITANO, and Ms. 

BONAMICI) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight 

and Government Reform, 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 protect any State or local authority that limits or restricts 

compliance with an immigration detainer request remains 

eligible for grants and appropriated funds. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safeguarding Sanc3 tuary Cities Act of 2017’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Existing Federal law authorizes any author7 ized immigration officer to issue an immigration de8 tainer that serves to advise another law enforcement 

9 agency that the Federal department seeks custody of 

10 an undocumented immigrant presently in the cus11 tody of that agency, for the purpose of arresting and 

12 removing the undocumented immigrant. 

13 (2) Unlike criminal detainers, which are sup14 ported by a warrant and require probable cause, 

15 there is no requirement for a warrant and no estab16 lished standard of proof, such as reasonable sus17 picion or probable cause, for issuing an ICE detainer 

18 request. Immigration detainers have erroneously 

19 been placed on United States citizens, as well as im20 migrants who are not deportable. 

21 (3) Galarza v. Szalczyk, U.S. Court of Appeals 

22 for the Third Circuit ruled in March 2014 that 

23 States and counties are not required to keep undocu24 mented immigrants in jail on immigration detainers; 

25 and in April 2014, Miranda-Olivares v. Clackamas 

26 County, the U.S. District Court in Portland, OrVerDate Sep 11 2014 04:21 Feb 03, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H748.IH H748

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1 egon, found that county governments would be ex2 posed to civil rights lawsuits for honoring detainers 

3 not issued in compliance with Fourth Amendment 

4 protections, including a showing of probable cause. 

5 SEC. 3. DISCRETION TO COMPLY WITH IMMIGRATION DE6 TAINERS. 

7 Notwithstanding any other provision of law (includ8 ing section 642 of the Illegal Immigration Reform and Im9 migrant Responsibility Act of 1996), if a State or unit 

10 of local government has in place any policy that limits or 

11 restricts compliance with a detainer or otherwise does not 

12 comply with a detainer, Federal financial assistance (as 

13 such term is defined in section 7501(a)(5) of title 31, 

14 United States Code) that the State or unit of local govern15 ment would otherwise receive may not be reduced or not 

16 made available to that State or unit of local government 

17 by reason of such noncompliance. 

18 SEC. 4. DEFINITIONS. 

19 In this Act, the term ‘‘detainer’’ means any order or 

20 request by the Secretary of Homeland Security to a State 

21 or local official— 

22 (1) to temporarily hold a person in the custody 

23 of that State or unit of local government until such 

24 person may be taken into Federal custody; 


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1 (2) to transport such a person for transfer to 

2 Federal custody; or 

3 (3) to notify the Secretary prior to the release 

4 of such a person. 

Æ 


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