II 

118TH CONGRESS 

2D SESSION S. 3927 

To provide a civil remedy for individuals harmed by sanctuary jurisdiction 

policies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2024 

Mr. TILLIS (for himself, Mr. BUDD, Mr. SCOTT of South Carolina, Mr. 

RICKETTS, Mr. DAINES, Mr. CRUZ, Mr. ROUNDS, Mr. CRAMER, Mr. COTTON, Mr. MARSHALL, Mr. CASSIDY, and Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide a civil remedy for individuals harmed by 

sanctuary jurisdiction policies, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Victims 

5 of Sanctuary Cities Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ALIEN.—The term ‘‘alien’’ has the meaning 

2 given such term in section 101(a)(3) of the Immi3 gration and Nationality Act (8 U.S.C. 1101(a)(3)). 

4 (2) SANCTUARY JURISDICTION.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the term ‘‘sanctuary juris7 diction’’ means any State or political subdivi8 sion of a State that has in effect a statute, ordi9 nance, policy, or practice that prohibits or re10 stricts any government entity or official from— 

11 (i) sending, receiving, maintaining, or 

12 exchanging with any Federal, State, or 

13 local government entity information re14 garding the citizenship or immigration sta15 tus of any alien; or 

16 (ii) complying with a request lawfully 

17 made by the Department of Homeland Se18 curity under section 236 or 287 of the Im19 migration and Nationality Act (8 U.S.C. 

20 1226 and 1357) to comply with a detainer 

21 for, or notify about the release of, an alien. 

22 (B) EXCEPTION.—A State or political sub23 division of a State shall not be deemed a sanc24 tuary jurisdiction based solely on having a pol25 icy whereby its officials will not share informaVerDate Sep 11 2014 04:06 Mar 19, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3927.IS S3927

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1 tion regarding, or comply with a request made 

2 by the Department of Homeland Security under 

3 section 236 or 287 of the Immigration and Na4 tionality Act (8 U.S.C. 1226 and 1357) to com5 ply with a detainer regarding, an alien who 

6 comes forward as a victim or a witness to a 

7 criminal offense. 

8 (3) SANCTUARY POLICY.—The term ‘‘sanctuary 

9 policy’’ means a statute, ordinance, policy, or prac10 tice referred to in paragraph (2)(A). 

11 (4) SANCTUARY-RELATED CIVIL ACTION.—The 

12 term ‘‘sanctuary-related civil action’’ means a civil 

13 action brought against a sanctuary jurisdiction by 

14 an individual (or the estate, survivors, or heirs of 

15 such individual) who— 

16 (A) is injured or harmed by an alien who 

17 benefitted from a sanctuary policy of such sanc18 tuary jurisdiction; and 

19 (B) would not have been so injured or 

20 harmed if such alien had not been so benefitted. 

21 SEC. 3. CIVIL ACTION FOR HARM BY AN ALIEN THAT BENE22 FITTED FROM A SANCTUARY POLICY. 

23 (a) PRIVATE RIGHT OF ACTION.— 

24 (1) CAUSE OF ACTION.—Any individual, or a 

25 spouse, parent, or child of such individual (if the inVerDate Sep 11 2014 04:06 Mar 19, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3927.IS S3927

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1 dividual is deceased or permanently incapacitated), 

2 who is the victim of a murder, rape, or any felony 

3 (as defined by the State in which the crime oc4 curred) for which an alien has been arrested, con5 victed, or sentenced to a term of imprisonment of at 

6 least 1 year, may bring an action for compensatory 

7 damages against a State or a political subdivision of 

8 a State, in the appropriate Federal or State court, 

9 if such State or political subdivision failed— 

10 (A) to comply with a request with respect 

11 to an alien that was lawfully made by the De12 partment of Homeland Security pursuant to 

13 section 236 or 287 of the Immigration and Na14 tionality Act (8 U.S.C. 1226 and 1357); and 

15 (B)(i) to comply with a detainer for such 

16 alien; or 

17 (ii) to notify the Department about the re18 lease of such alien. 

19 (2) STATUTE OF LIMITATIONS.—An action de20 scribed in paragraph (1) may not be brought later 

21 than 10 years after the later of— 

22 (A) the occurrence of the crime referred to 

23 in paragraph (1); or 

24 (B) the death of a person that resulted 

25 from such crime. 


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1 (3) ATTORNEY’S FEE AND OTHER COSTS.—In 

2 any action or proceeding under paragraph (1), the 

3 court shall allow a prevailing plaintiff to recover a 

4 reasonable attorney’s fee as part of the costs of the 

5 litigation, which shall include any applicable expert 

6 fees. 

7 (b) WAIVER OF IMMUNITY.— 

8 (1) IN GENERAL.—Any State or political sub9 division of a State that accepts a grant described in 

10 paragraph (2) from the Federal Government shall 

11 agree, as a condition of receiving such grant, to 

12 waive any immunity of such State or political sub13 division relating to a sanctuary-related civil action. 

14 (2) GRANTS DESCRIBED.—The grants described 

15 in this paragraph are— 

16 (A) a grant for public works and economic 

17 development under section 201(a) of the Public 

18 Works and Economic Development Act of 1965 

19 (42 U.S.C. 3141(a)); 

20 (B) a grant for planning and administra21 tive expenses under section 203(a) of such Act 

22 (42 U.S.C. 3143(a)); 

23 (C) a supplemental grant under section 

24 205(b) of such Act (42 U.S.C. 3145(b)); 


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1 (D) a grant for training, research, and 

2 technical assistance under section 207(a) of 

3 such Act (42 U.S.C. 3147(a)); and 

4 (E) except as provided in paragraph (3), a 

5 community development block grant made pur6 suant to title I of the Housing and Community 

7 Development Act of 1974 (42 U.S.C. 5301 et 

8 seq.). 

9 (3) EXCEPTION.—Grants described in para10 graph (2)(E) shall not include any disaster relief 

11 grants to address the damage in an area for which 

12 the President has declared a disaster under title IV 

13 of the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 5170 et seq.). 

15 SEC. 4. ENSURING COOPERATION BETWEEN FEDERAL AND 

16 LOCAL LAW ENFORCEMENT OFFICERS TO 

17 SAFEGUARD OUR COMMUNITIES. 

18 (a) AUTHORITY TO COOPERATE WITH FEDERAL OF19 FICIALS.—A State, a political subdivision of a State, or 

20 an officer, employee, or agent of such State or political 

21 subdivision that complies with a detainer issued by the De22 partment of Homeland Security pursuant to section 236 

23 or 287 of the Immigration and Nationality Act (8 U.S.C. 

24 1226 and 1357)— 


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1 (1) shall be deemed to be acting as an agent of 

2 the Department of Homeland Security; and 

3 (2) shall comply with section 287(d) of the Im4 migration and Nationality Act (8 U.S.C. 1357(d)) 

5 and section 287.5(d) of title 8, Code of Federal Reg6 ulations. 

7 (b) LEGAL PROCEEDINGS.—In any legal proceeding 

8 brought against a State, a political subdivision of State, 

9 or an officer, employee, or agent of such State or political 

10 subdivision challenging the legality of the seizure or deten11 tion of an individual pursuant to a detainer issued by the 

12 Department of Homeland Security under section 236 or 

13 287 of the Immigration and Nationality Act (8 U.S.C. 

14 1226 and 1357)— 

15 (1) the State or political subdivision of a State 

16 shall not be liable for any action taken in accordance 

17 with the detainer; and 

18 (2) if the actions of the officer, employee, or 

19 agent of the State or political subdivision were taken 

20 in accordance with the detainer— 

21 (A) the officer, employee, or agent shall be 

22 deemed— 

23 (i) to be an employee of the Federal 

24 Government and an investigative or law 

25 enforcement officer; and 


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1 (ii) to have been acting within the 

2 scope of his or her employment under sec3 tion 1346(b) of title 28, United States 

4 Code, and chapter 171 of such title; 

5 (B) section 1346(b) of title 28, United 

6 States Code, shall provide the exclusive remedy 

7 for the plaintiff; and 

8 (C) the United States shall be substituted 

9 as the defendant in such proceeding. 

10 (c) RULE OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to provide immunity to any person 

12 who knowingly violates the civil or constitutional rights of 

13 an individual. 

Æ 


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