I 

115TH CONGRESS 

2D SESSION H. R. 4805 

To ensure that State and local law enforcement may cooperate with Federal 

officials to protect our communities from violent criminals and suspected 

terrorists who are illegally present in the United States, to stop taxpayer 

dollars from flowing to jurisdictions that fail to comply with Federal 

law, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2018 

Mr. MESSER 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 ensure that State and local law enforcement may cooperate with Federal officials to protect our communities 

from violent criminals and suspected terrorists who are 

illegally present in the United States, to stop taxpayer 

dollars from flowing to jurisdictions that fail to comply 

with Federal law, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘No Federal Funding 

3 to Benefit Sanctuary Cities Act’’. 

4 SEC. 2. PROTECTING LOCAL AND FEDERAL LAW ENFORCE5 MENT OFFICERS WHO COOPERATE TO SAFE6 GUARD COMMUNITIES. 

7 (a) IN GENERAL.—A State, a political subdivision of 

8 a State, or an officer, employee, or agent of such State 

9 or political subdivision that takes action to comply with 

10 a detainer issued by the Department of Homeland Secu11 rity under section 236 or 287 of the Immigration and Na12 tionality Act (8 U.S.C. 1226 and 1357)— 

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

14 the Department of Homeland Security; and 

15 (2) with regard to such actions, shall have all 

16 authority available to officers and employees of the 

17 Department of Homeland Security. 

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

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

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

21 subdivision, which challenges the legality of the seizure or 

22 detention of an individual pursuant to a detainer issued 

23 by the Department of Homeland Security under section 

24 236 or 287 of the Immigration and Nationality Act (8 

25 U.S.C. 1226 and 1357)— 


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1 (1) no liability shall lie against the State or po2 litical subdivision of a State for actions taken in 

3 compliance with the detainer; and 

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

5 agent of the State or political subdivision were taken 

6 in compliance with the detainer— 

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

8 deemed— 

9 (i) to be an employee of the Federal 

10 Government and an investigative or law 

11 enforcement officer; and 

12 (ii) to have been acting within the 

13 scope of his or her employment under sec14 tion 1346(b) and chapter 171 of title 28, 

15 United States Code; 

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

17 States Code, shall provide the exclusive remedy 

18 for the plaintiff; and 

19 (C) the United States shall be substituted 

20 as defendant in the proceeding. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to provide immunity to any person 

23 who knowingly violates the civil or constitutional rights of 

24 an individual. 


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1 SEC. 3. SANCTUARY JURISDICTIONS INELIGIBLE FOR FED2 ERAL FUNDS. 

3 (a) IN GENERAL.—Beginning with fiscal year 2019, 

4 a sanctuary jurisdiction is ineligible to receive Federal fi5 nancial assistance (as defined in section 7501 of title 31, 

6 United States Code). 

7 (b) SANCTUARY JURISDICTION DEFINED.—For pur8 poses of this section, the term ‘‘sanctuary jurisdiction’’ 

9 means any State or political subdivision of a State that 

10 has in effect a statute, ordinance, policy, or practice that 

11 prohibits or restricts any government entity or official 

12 from— 

13 (1) sending, receiving, maintaining, or exchang14 ing with any Federal, State, or local government en15 tity information regarding the citizenship or immi16 gration status (lawful or unlawful) of any individual; 

17 or 

18 (2) complying with a request lawfully made by 

19 the Department of Homeland Security under section 

20 236 or 287 of the Immigration and Nationality Act 

21 (8 U.S.C. 1226 and 1357) to comply with a detainer 

22 for, or notify about the release of, an individual. 

23 (c) RETURNED AMOUNTS.— 

24 (1) STATE.—If a State is a sanctuary jurisdic25 tion during a period in fiscal year 2019 or thereafter 

26 for which it receives Federal financial assistance (as 


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1 defined in section 7501 of title 31, United States 

2 Code) from an Executive agency (as defined in sec3 tion 105 of title 5, United States Code), the head of 

4 such agency— 

5 (A) shall direct the State immediately to 

6 return any such amounts that the State re7 ceived for that period; and 

8 (B) shall reallocate amounts returned 

9 under subparagraph (A) to other States that 

10 are not sanctuary jurisdictions. 

11 (2) UNIT OF GENERAL LOCAL GOVERNMENT.— 

12 If a unit of general local government is a sanctuary 

13 jurisdiction during a period in fiscal year 2019 or 

14 thereafter for which it receives Federal financial as15 sistance (as defined in section 7501 of title 31, 

16 United States Code) from an Executive agency (as 

17 defined in section 105 of title 5, United States 

18 Code), any such amounts that the unit of general 

19 local government received for that period— 

20 (A) in the case of a unit of general local 

21 government that is not in a nonentitlement 

22 area, shall be returned the head of such agency 

23 for reallocation to States and other units of 

24 general local government that are not sanctuary 

25 jurisdictions; and 


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1 (B) in the case of a unit of general local 

2 government that is in a nonentitlement area, 

3 shall be returned to the Governor of the State 

4 for reallocation to other units of general local 

5 government in the State that are not sanctuary 

6 jurisdictions. 

Æ 


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