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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2146 Placed on Calendar Senate (PCS)]

<DOC>

                                                       Calendar No. 252
114th CONGRESS
  1st Session
                                S. 2146

To hold sanctuary jurisdictions accountable for defying Federal law, to 
  increase penalties for individuals who illegally reenter the United 
  States after being removed, and to provide liability protection for 
    State and local law enforcement who cooperate with Federal law 
                  enforcement and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2015

   Mr. Vitter (for himself, Mr. Toomey, Mr. Grassley, Mr. Cruz, Mr. 
Johnson, Mr. Cornyn, Mr. Perdue, Mr. Isakson, Mr. Rubio, Mr. Barrasso, 
Mr. Sullivan, and Mr. Inhofe) introduced the following bill; which was 
                          read the first time

                            October 7, 2015

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
To hold sanctuary jurisdictions accountable for defying Federal law, to 
  increase penalties for individuals who illegally reenter the United 
  States after being removed, and to provide liability protection for 
    State and local law enforcement who cooperate with Federal law 
                  enforcement and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Sanctuary Policies and Protect 
Americans Act''.

SEC. 2. SANCTUARY JURISDICTION DEFINED.

    In this Act, the term ``sanctuary jurisdiction'' means any State or 
political subdivision of a State, including any law enforcement entity 
of a State or of a political subdivision of a State, that--
            (1) has in effect a statute, ordinance, policy, or practice 
        that is in violation of subsection (a) or (b) of section 642 of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 (8 U.S.C. 1373); or
            (2) has in effect a statute, ordinance, policy, or practice 
        that prohibits any government entity or official from complying 
        with a detainer that has been lawfully issued or a request to 
        notify about the release of an alien that has been made by the 
        Department of Homeland Security in accordance with section 236 
        and 287 of the Immigration and Nationality Act (8 U.S.C. 1226 
        and 1357) and section 287.7 of title 8, Code of Federal 
        Regulations.

SEC. 3. LIMITATION ON GRANTS TO SANCTUARY JURISDICTIONS.

    (a) Ineligibility for Grants.--
            (1) Law enforcement grants.--
                    (A) SCAAP grants.--A sanctuary jurisdiction shall 
                not be eligible to receive funds pursuant to the State 
                Criminal Alien Assistance Program under section 241(i) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1231(i)).
                    (B) Cops grants.--No law enforcement entity of a 
                State or of a political subdivision of a State that has 
                a departmental policy or practice that renders it a 
                sanctuary jurisdiction, and such a policy or practice 
                is not required by statute, ordinance, or other 
                codified law, or by order of a chief executive officer 
                of the jurisdiction, or the executive or legislative 
                board of the jurisdiction, shall be eligible to receive 
                funds directly or indirectly under the `Cops on the 
                Beat' program under part Q of title I of the Omnibus 
                Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
                3796dd et seq.).
                    (C) Enforcement.--The Attorney General, in 
                consultation with the Secretary of Homeland Security, 
                shall terminate the funding described in subparagraphs 
                (A) and (B) to a State or political subdivision of a 
                State on the date that is 30 days after the date on 
                which a notification described in subsection (d)(2) is 
                made to the State or subdivision, unless the Secretary 
                of Homeland Security, in consultation with the Attorney 
                General, determines the State or subdivision is no 
                longer a sanctuary jurisdiction.
            (2) Community development block grants.--
                    (A) In general.--Title I of the Housing and 
                Community Development Act of 1974 (42 U.S.C. 5301 et 
                seq.) is amended--
                            (i) in section 102 (42 U.S.C. 5302), by 
                        adding at the end the following:
            ``(25) The term `sanctuary jurisdiction' means any State or 
        unit of general local government that--
                    ``(A) has in effect a statute, ordinance, policy, 
                or practice that is in violation of subsection (a) or 
                (b) of section 642 of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996 (8 U.S.C. 
                1373); or
                    ``(B) has in effect a statute, ordinance, policy, 
                or practice that prohibits any government entity or 
                official from complying with a detainer that has been 
                lawfully issued or a request to notify about the 
                release of an alien that has been made by the 
                Department of Homeland Security in accordance with 
                section 236 and 287 of the Immigration and Nationality 
                Act (8 U.S.C. 1226 and 1357) and section 287.7 of title 
                8, Code of Federal Regulations.''; and
                            (ii) in section 104 (42 U.S.C. 5304)--
                                    (I) in subsection (b)--
                                            (aa) in paragraph (5), by 
                                        striking ``and'' at the end;
                                            (bb) by redesignating 
                                        paragraph (6) as paragraph (7); 
                                        and
                                            (cc) by inserting after 
                                        paragraph (5) the following:
            ``(6) the grantee is not a sanctuary jurisdiction and will 
        not become a sanctuary jurisdiction during the period for which 
        the grantee receives a grant under this title; and''; and
                                    (II) by adding at the end the 
                                following:
    ``(n) Protection of Individuals Against Criminal Aliens.--
            ``(1) In general.--No funds authorized to be appropriated 
        to carry out this title may be obligated or expended to any 
        State or unit of general local government that is a sanctuary 
        jurisdiction.
            ``(2) Returned amounts.--
                    ``(A) State.--If a State is a sanctuary 
                jurisdiction during the period for which the State 
                receives amounts under this title, the Secretary--
                            ``(i) shall direct the State to immediately 
                        return to the Secretary any such amounts that 
                        have not been obligated by the State as of the 
                        date on which the State became a sanctuary 
                        jurisdiction; and
                            ``(ii) may use any returned amounts under 
                        clause (i) to make grants to other States that 
                        are not sanctuary jurisdictions in accordance 
                        with this title.
                    ``(B) Unit of general local government.--If a unit 
                of general local government is a sanctuary jurisdiction 
                during the period for which the unit of general local 
                government receives amounts under this title, any such 
                amounts that have not been obligated by the unit of 
                general local government as of the date on which the 
                unit of general local government became a sanctuary 
                jurisdiction--
                            ``(i) in the case of a unit of general 
                        local government that is not in a 
                        nonentitlement area, shall be returned to the 
                        Secretary to make grants to States and other 
                        units of general local government that are not 
                        sanctuary jurisdictions in accordance with this 
                        title; and
                            ``(ii) in the case of a unit of general 
                        local government that is in a nonentitlement 
                        area, shall be returned to the Governor of the 
                        State to make grants to other units of general 
                        local government that are not sanctuary 
                        jurisdictions in accordance with this title.
    ``(o) Enforcement Against Funding for Sanctuary Jurisdictions.--
            ``(1) In general.--The Secretary shall verify, on a 
        quarterly basis, the determination of the Secretary of Homeland 
        Security and the Attorney General as to whether a State or unit 
        of general local government is a sanctuary jurisdiction and 
        therefore ineligible to receive a grant under this title for 
        purposes of subsections (b)(6) and (n).
            ``(2) Notification.--If the Secretary verifies that a State 
        or unit of general local government is determined to be a 
        sanctuary jurisdiction under paragraph (1), the Secretary shall 
        notify the State or unit of general local government that it is 
        ineligible to receive a grant under this title.''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall only apply with respect to 
                community development block grants made under title I 
                of the Housing and Community Development Act (42 U.S.C. 
                5301 et seq.) after the date of the enactment of this 
                Act.
    (b) Allocation.--Any funds that are not allocated to a State or 
political subdivision of a State pursuant to subsection (a) and the 
amendments made by subsection (a) shall be allocated to States and 
political subdivisions of States that are not sanctuary jurisdictions.
    (c) Notification of Congress.--Not later than 5 days after a 
determination is made pursuant to subsection (a) to terminate a grant 
or to refuse to award a grant, the Secretary of Homeland Security shall 
submit to the Committee on Appropriations and the Committee on the 
Judiciary of the Senate and the Committee on Appropriations and the 
Committee on the Judiciary of the House of Representatives a report 
that fully describes the circumstances and basis for the termination or 
refusal.
    (d) Transparency and Accountability.--Not later than 60 days after 
the date of the enactment of this Act, and quarterly thereafter, the 
Secretary of Homeland Security and the Attorney General shall--
            (1) determine the States and political subdivisions of 
        States that are sanctuary jurisdictions;
            (2) notify each such State or subdivision that it is 
        determined to be a sanctuary jurisdiction; and
            (3) publish on the website of the Department of Homeland 
        Security and of the Department of Justice--
                    (A) a list of each sanctuary jurisdiction;
                    (B) the total number of detainers and requests for 
                notification of the release of any alien that has been 
                issued or made to each State or political subdivision 
                of a State; and
                    (C) the number of such detainers and requests for 
                notification that have been ignored or otherwise not 
                honored, including the name of the jurisdiction in 
                which each such detainer or request for notification 
                was issued or made.
    (e) Construction.--Nothing in this section may be construed to 
require law enforcement officials of a State or a political subdivision 
of a State to provide the Secretary of Homeland Security with 
information related to a victim or a witness to a criminal offense.

SEC. 4. STATE AND LOCAL GOVERNMENT AND INDIVIDUAL COMPLIANCE WITH 
              DETAINERS.

    (a) Authority to Carry Out Detainers.--A State, a political 
subdivision of a State, or an officer, employee, or agent of such State 
or political subdivision that complies with a detainer issued by the 
Department of Homeland Security under section 236 or 287 of the 
Immigration and Nationality Act (8 U.S.C. 1226 and 1357)--
            (1) shall be deemed to be acting as an agent of the 
        Department of Homeland Security; and
            (2) shall have the authority available to employees of the 
        Department of Homeland Security with regard to actions taken to 
        comply with the detainer.
    (b) Liability.--In any legal proceeding brought against a State, a 
political subdivision of State, or an officer, employee, or agent of 
such State or political subdivision, which challenges the legality of 
the seizure or detention of an individual pursuant to a detainer issued 
by the Department of Homeland Security under section 236 or 287 of the 
Immigration and Nationality Act (8 U.S.C. 1226 and 1357)--
            (1) no liability shall lie against the State or political 
        subdivision for actions taken in compliance with the detainer;
            (2) if the actions of the officer, employee, or agent of 
        the State or political subdivision were taken in compliance 
        with the detainer--
                    (A) the officer, employee, or agent shall be deemed 
                to be an employee of the Federal Government and an 
                investigative or law enforcement officer and to have 
                been acting within the scope of his or her employment 
                under section 1346(b) and chapter 171 of title 28, 
                United States Code;
                    (B) section 1346(b) of title 28, United States 
                Code, shall provide the exclusive remedy for the 
                plaintiff; and
                    (C) the United States shall be substituted as 
                defendant in the proceeding.
    (c) Construction.--Nothing in this Act may be construed--
            (1) to provide immunity to any person who knowingly 
        violates the civil or constitutional rights of an individual; 
        or
            (2) to limit the application of the doctrine of official 
        immunity or of qualified immunity in a civil action brought 
        against a law enforcement officer acting pursuant to a detainer 
        issued by the Department of Homeland Security under section 236 
        or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 
        and 1357).

SEC. 5. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) In General.--Subject to subsections (b) and (c), any alien 
who--
            ``(1) has been denied admission, excluded, deported, or 
        removed or has departed the United States while an order of 
        exclusion, deportation, or removal is outstanding; and
            ``(2) thereafter enters, attempts to enter, or is at any 
        time found in, the United States, unless--
                    ``(A) prior to the alien's reembarkation at a place 
                outside the United States or the alien's application 
                for admission from foreign contiguous territory, the 
                Secretary of Homeland Security has expressly consented 
                to such alien's reapplying for admission; or
                    ``(B) with respect to an alien previously denied 
                admission and removed, such alien shall establish that 
                the alien was not required to obtain such advance 
                consent under this Act or any prior Act;
        shall be fined under title 18, United States Code, or 
        imprisoned not more than five years, or both.
    ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
            ``(1) In general.--Notwithstanding the penalty provided in 
        subsection (a), and except as provided in subsection (c), an 
        alien described in subsection (a)--
                    ``(A) who was convicted before such removal or 
                departure of three or more misdemeanors involving 
                drugs, crimes against the person, or both, or a felony 
                (other than an aggravated felony), shall be fined under 
                title 18, United States Code, imprisoned not more than 
                10 years, or both;
                    ``(B) who has been excluded from the United States 
                pursuant to section 235(c) because the alien was 
                excludable under section 212(a)(3)(B) or who has been 
                removed from the United States pursuant to the 
                provisions of title V, and who thereafter, without the 
                permission of the Secretary of Homeland Security, 
                enters the United States, or attempts to do so, shall 
                be fined under title 18, United States Code, and 
                imprisoned for a period of 10 years, which sentence 
                shall not run concurrently with any other sentence;
                    ``(C) who was removed from the United States 
                pursuant to section 241(a)(4)(B) who thereafter, 
                without the permission of the Secretary of Homeland 
                Security, enters, attempts to enter, or is at any time 
                found in, the United States (unless the Secretary of 
                Homeland Security has expressly consented to such 
                alien's reentry) shall be fined under title 18, United 
                States Code, imprisoned for not more than 10 years, or 
                both; and
                    ``(D) who has been denied admission, excluded, 
                deported, or removed 3 or more times and thereafter 
                enters, attempts to enter, crosses the border to, 
                attempts to cross the border to, or is at any time 
                found in the United States, shall be fined under title 
                18, United States Code, imprisoned not more than 10 
                years, or both.
            ``(2) Removal defined.--In this subsection and subsection 
        (c), the term `removal' includes any agreement in which an 
        alien stipulates to removal during (or not during) a criminal 
        trial under either Federal or State law.
    ``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain 
Removed Aliens.--Notwithstanding the penalties provided in subsections 
(a) and (b), an alien described in subsection (a)--
            ``(1) who was convicted before such removal or departure of 
        an aggravated felony; or
            ``(2) who was convicted at least two times before such 
        removal or departure of illegal reentry under this section;
shall be imprisoned not less than five years and not more than 20 
years, and may, in addition, be fined under title 18, United States 
Code.''; and
            (3) in subsection (d), as redesignated by paragraph (1)--
                    (A) by striking ``section 242(h)(2)'' and inserting 
                ``section 241(a)(4)''; and
                    (B) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''.

SEC. 6. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is held invalid for any reason, the 
remainder of this Act, and the application of such provision to other 
persons not similarly situated or to other circumstances, shall not be 
affected by such invalidation.
                                                       Calendar No. 252

114th CONGRESS

  1st Session

                                S. 2146

_______________________________________________________________________

                                 A BILL

To hold sanctuary jurisdictions accountable for defying Federal law, to 
  increase penalties for individuals who illegally reenter the United 
  States after being removed, and to provide liability protection for 
    State and local law enforcement who cooperate with Federal law 
                  enforcement and for other purposes.

_______________________________________________________________________

                            October 7, 2015

            Read the second time and placed on the calendar
```