I 

114TH CONGRESS 

2D SESSION H. R. 6468 

To prohibit any entity that receives Federal funds and does not comply 

with a lawful request for information or detainment of an alien made 

by any officer or employee of the Federal government who is charged 

with enforcement of the immigration laws from receiving additional funding. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2016 

Mr. HARRIS (for himself, Mr. PERRY, Mr. DAVIDSON, Mr. GOSAR, Mr. BRAT, 

Mr. WILSON of South Carolina, Mr. WEBSTER of Florida, Mr. BABIN, 

Mr. GOHMERT, Mr. FRANKS of Arizona, Mr. YOHO, Mr. LAMALFA, Mr. 

KING of Iowa, Mr. ROE of Tennessee, Mr. COLLINS of New York, Mr. 

SMITH of Texas, Mr. DUNCAN of South Carolina, Mr. JODY B. HICE of 

Georgia, Mr. SMITH of Missouri, Mr. WALKER, Mr. CHABOT, Mr. PITTS, 

Mr. LAMBORN, Mr. SANFORD, Mr. CONAWAY, Mrs. HARTZLER, Mr. 

ALLEN, Mr. KELLY of Mississippi, Mr. WEBER of Texas, Mr. 

WENSTRUP, Mr. LAHOOD, Mr. PALMER, Mr. GROTHMAN, and Mr. 

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

and Government Reform, and Appropriations, 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 prohibit any entity that receives Federal funds and does 

not comply with a lawful request for information or 

detainment of an alien made by any officer or employee 

of the Federal government who is charged with enforcement of the immigration laws from receiving additional 

funding. 


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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 ‘‘Federal Immigration 

5 Law Compliance Act of 2016’’ or as the ‘‘FILCA of 

6 2016’’. 

7 SEC. 2. PROHIBITION ON RECEIPT OF FUNDS. 

8 An entity (including any university or institute of 

9 higher learning, State, political subdivision of a State, or 

10 other person) that receives Federal funds in a fiscal year 

11 and that fails to comply with a lawful request for informa12 tion or detainment of an alien made by any officer or em13 ployee of the Federal government who is charged with en14 forcement of the immigration laws, may not receive addi15 tional Federal funds in that fiscal year or the succeeding 

16 fiscal year. Any unobligated Federal funds made available 

17 to a non-compliant entity are rescinded. 

18 SEC. 3. ENSURING THAT LOCAL AND FEDERAL LAW EN19 FORCEMENT OFFICERS MAY COOPERATE TO 

20 SAFEGUARD OUR COMMUNITIES. 

21 (a) AUTHORITY TO COOPERATE WITH FEDERAL OF22 FICIALS.—A State, a political subdivision of a State, or 

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

24 subdivision that complies with a detainer issued by the De25 partment of Homeland Security under section 236 or 287 


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

2 and 1357)— 

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

4 the Department of Homeland Security; and 

5 (2) with regard to actions taken to comply with 

6 the detainer, shall have all authority available to of7 ficers and employees of the Department of Home8 land Security. 

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

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

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

12 subdivision, which challenges the legality of the seizure or 

13 detention of an individual pursuant to a detainer issued 

14 by the Department of Homeland Security under section 

15 236 or 287 of the Immigration and Nationality Act (8 

16 U.S.C. 1226 and 1357)— 

17 (1) no liability shall lie against the State or po18 litical subdivision of a State for actions taken in 

19 compliance with the detainer; and 

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

21 agent of the State or political subdivision were taken 

22 in compliance with the detainer— 

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

24 deemed— 


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1 (i) to be an employee of the Federal 

2 Government and an investigative or law 

3 enforcement officer; and 

4 (ii) to have been acting within the 

5 scope of his or her employment under sec6 tion 1346(b) and chapter 171 of title 28, 

7 United States Code; 

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

9 States Code, shall provide the exclusive remedy 

10 for the plaintiff; and 

11 (C) the United States shall be substituted 

12 as defendant in the proceeding. 

13 (c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion may be construed to provide immunity to any person 

15 who knowingly violates the civil or constitutional rights of 

16 an individual. 

17 SEC. 4. AUTHORIZATION TO ISSUE DETAINERS. 

18 In the case of an alien who is in the custody of a 

19 Federal, State, or local law enforcement official, the Sec20 retary of Homeland Security may issue a detainer for that 

21 alien requesting that the law enforcement official provide 

22 all relevant information collected pertaining to the alien 

23 and notification of any future release of the alien, or that 

24 the law enforcement official continue to detain the alien 

25 until the Secretary may take custody of the alien. The SecVerDate Sep 11 2014 03:05 Dec 10, 2016 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6468.IH H6468

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1 retary of Homeland Security is authorized to request from 

2 any entity that receives Federal funds in a fiscal year, for 

3 purposes of enforcing the immigration laws, pertinent in4 formation that pertains to an alien and that is not other5 wise precluded by law from being disclosed. 

Æ 


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