I 

115TH CONGRESS 

2D SESSION H. R. 4915 

To amend title 18, United States Code, to provide penalties for certain 

obstructions of the enforcement of Federal immigration laws, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2018 

Mr. ROKITA (for himself, Mr. MESSER, Mr. BABIN, and Mr. GOSAR) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide penalties 

for certain obstructions of the enforcement of Federal 

immigration laws, 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 ‘‘Stopping Lawless Ac5 tions of Politicians Act of 2018’’ or the ‘‘SLAP Act of 

6 2018’’. 


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1 SEC. 2. CERTAIN OBSTRUCTIONS OF ENFORCEMENT OF IM2 MIGRATION LAWS. 

3 (a) OFFENSE.—Chapter 73 of title 18, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘§ 1522. Certain obstructions of enforcement of immi6 gration laws 

7 ‘‘Whoever, being a State or local official having cus8 tody of an individual, knowingly releases an alien subject 

9 to a detainer issued pursuant to section 287(d)(1) of the 

10 Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), 

11 shall be fined under this title or imprisoned not more than 

12 five years, or both’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 73 is amended by adding at 

15 the end the following: 

‘‘1522. Certain obstructions of enforcement of immigration laws.’’. 

16 SEC. 3. ENSURING THAT LOCAL AND FEDERAL LAW EN17 FORCEMENT OFFICERS MAY COOPERATE TO 

18 SAFEGUARD OUR COMMUNITIES. 

19 (a) AUTHORITY TO COOPERATE WITH FEDERAL OF20 FICIALS.—A State, a political subdivision of a State, or 

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

22 subdivision that complies with a detainer issued by the De23 partment of Homeland Security under section 236 or 287 

24 of the Immigration and Nationality Act (8 U.S.C. 1226 

25 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) with regard to actions taken to comply with 

4 the detainer, shall have all authority available to of5 ficers and employees of the Department of Home6 land Security. 

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

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

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

10 subdivision, which challenges the legality of the seizure or 

11 detention of an individual pursuant to a detainer issued 

12 by the Department of Homeland Security under section 

13 236 or 287 of the Immigration and Nationality Act (8 

14 U.S.C. 1226 and 1357)— 

15 (1) no liability shall lie against the State or po16 litical subdivision of a State for actions taken in 

17 compliance 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 compliance 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) and chapter 171 of title 28, 

4 United States Code; 

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 defendant in the 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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