I 

116TH CONGRESS 

2D SESSION H. R. 9062 

To amend the Immigration and Nationality Act to modify provisions relating 

to assistance by States, and political subdivision of States, in the enforcement of Federal immigration laws, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 31, 2020 

Mr. KING of Iowa introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to modify 

provisions relating to assistance by States, and political 

subdivision of States, in 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 ‘‘No Sanctuary for 

5 Criminals Act’’. 


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1 SEC. 2. STATE NONCOMPLIANCE WITH ENFORCEMENT OF 

2 IMMIGRATION LAW. 

3 (a) IN GENERAL.—Section 642 of the Illegal Immi4 gration Reform and Immigrant Responsibility Act of 1996 

5 (8 U.S.C. 1373) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of Federal, State, or local law, no Federal, State, 

10 or local government entity, and no individual, may prohibit 

11 or in any way restrict, a Federal, State, or local govern12 ment entity, official, or other personnel from complying 

13 with the immigration laws (as defined in section 

14 101(a)(17) of the Immigration and Nationality Act (8 

15 U.S.C. 1101(a)(17))), or from assisting or cooperating 

16 with Federal law enforcement entities, officials, or other 

17 personnel regarding the enforcement of these laws.’’; 

18 (2) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b) LAW ENFORCEMENT ACTIVITIES.—Notwith21 standing any other provision of Federal, State, or local 

22 law, no Federal, State, or local government entity, and no 

23 individual, may prohibit, or in any way restrict, a Federal, 

24 State, or local government entity, official, or other per25 sonnel from undertaking any of the following law enforce26 ment activities as they relate to information regarding the 


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1 citizenship or immigration status, lawful or unlawful, the 

2 inadmissibility or deportability, or the custody status, of 

3 any individual: 

4 ‘‘(1) Making inquiries to any individual in order 

5 to obtain such information regarding such individual 

6 or any other individuals. 

7 ‘‘(2) Notifying the Federal Government regard8 ing the presence of individuals who are encountered 

9 by law enforcement officials or other personnel of a 

10 State or political subdivision of a State. 

11 ‘‘(3) Complying with requests for such informa12 tion from Federal law enforcement entities, officials, 

13 or other personnel.’’; 

14 (3) in subsection (c), by striking ‘‘Immigration 

15 and Naturalization Service’’ and inserting ‘‘Depart16 ment of Homeland Security’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(d) COMPLIANCE.— 

19 ‘‘(1) ELIGIBILITY FOR CERTAIN GRANT PRO20 GRAMS.—A State, or a political subdivision of a 

21 State, that is found not to be in compliance with 

22 subsection (a) or (b) shall not be eligible to receive— 

23 ‘‘(A) any of the funds that would otherwise 

24 be allocated to the State or political subdivision 

25 under section 241(i) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 

2 on the Beat’ program under part Q of title I of 

3 the Omnibus Crime Control and Safe Streets 

4 Act of 1968 (42 U.S.C. 3796dd et seq.), or the 

5 Edward Byrne Memorial Justice Assistance 

6 Grant Program under subpart 1 of part E of 

7 title I of the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (42 U.S.C. 3750 et seq.); 

9 or 

10 ‘‘(B) any other grant administered by the 

11 Department of Justice or the Department of 

12 Homeland Security that is substantially related 

13 to law enforcement, terrorism, national security, 

14 immigration, or naturalization. 

15 ‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND16 ING REMOVAL PROCEEDINGS.—The Secretary, at the 

17 Secretary’s discretion, may decline to transfer an 

18 alien in the custody of the Department of Homeland 

19 Security to a State or political subdivision of a State 

20 found not to be in compliance with subsection (a) or 

21 (b), regardless of whether the State or political sub22 division of the State has issued a writ or warrant. 

23 ‘‘(3) TRANSFER OF CUSTODY OF CERTAIN

24 ALIENS PROHIBITED.—The Secretary shall not 

25 transfer an alien with a final order of removal purVerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062

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1 suant to paragraph (1)(A) or (5) of section 241(a) 

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

3 1231(a)) to a State or a political subdivision of a 

4 State that is found not to be in compliance with sub5 section (a) or (b). 

6 ‘‘(4) ANNUAL DETERMINATION.—The Secretary 

7 shall determine for each calendar year which States 

8 or political subdivision of States are not in compli9 ance with subsection (a) or (b) and shall report such 

10 determinations to Congress by March 1 of each suc11 ceeding calendar year. 

12 ‘‘(5) REPORTS.—The Secretary of Homeland 

13 Security shall issue a report concerning the compli14 ance with subsections (a) and (b) of any particular 

15 State or political subdivision of a State at the re16 quest of the House or the Senate Judiciary Com17 mittee. Any jurisdiction that is found not to be in 

18 compliance shall be ineligible to receive Federal fi19 nancial assistance as provided in paragraph (1) for 

20 a minimum period of 1 year, and shall only become 

21 eligible again after the Secretary of Homeland Secu22 rity certifies that the jurisdiction has come into com23 pliance. 

24 ‘‘(6) REALLOCATION.—Any funds that are not 

25 allocated to a State or to a political subdivision of 


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1 a State due to the failure of the State or of the po2 litical subdivision of the State to comply with sub3 section (a) or (b) shall be reallocated to States or to 

4 political subdivisions of States that comply with both 

5 such subsections.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on the date of the enactment 

8 of this Act, except that subsection (d) of section 642 of 

9 the Illegal Immigration Reform and Immigrant Responsi10 bility Act of 1996 (8 U.S.C. 1373), as added by this sec11 tion, shall apply only to prohibited acts committed on or 

12 after the date of the enactment of this Act. 

13 SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 

14 (a) IN GENERAL.—Section 287(d) of the Immigra15 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 

16 to read as follows: 

17 ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE

18 ALIENS.— 

19 ‘‘(1) IN GENERAL.—In the case of an individual 

20 who is arrested by any Federal, State, or local law 

21 enforcement official or other personnel for the al22 leged violation of any criminal or motor vehicle law, 

23 the Secretary may issue a detainer regarding the in24 dividual to any Federal, State, or local law enforce25 ment entity, official, or other personnel if the SecVerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062

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1 retary has probable cause to believe that the indi2 vidual is an inadmissible or deportable alien. 

3 ‘‘(2) PROBABLE CAUSE.—Probable cause is 

4 deemed to be established if— 

5 ‘‘(A) the individual who is the subject of 

6 the detainer matches, pursuant to biometric 

7 confirmation or other Federal database records, 

8 the identity of an alien who the Secretary has 

9 reasonable grounds to believe to be inadmissible 

10 or deportable; 

11 ‘‘(B) the individual who is the subject of 

12 the detainer is the subject of ongoing removal 

13 proceedings, including matters where a charg14 ing document has already been served; 

15 ‘‘(C) the individual who is the subject of 

16 the detainer has previously been ordered re17 moved from the United States and such an 

18 order is administratively final; 

19 ‘‘(D) the individual who is the subject of 

20 the detainer has made voluntary statements or 

21 provided reliable evidence that indicate that 

22 they are an inadmissible or deportable alien; or 

23 ‘‘(E) the Secretary otherwise has reason24 able grounds to believe that the individual who 


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1 is the subject of the detainer is an inadmissible 

2 or deportable alien. 

3 ‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 

4 State, or local law enforcement entity, official, or 

5 other personnel to whom a detainer is issued com6 plies with the detainer and detains for purposes of 

7 transfer of custody to the Department of Homeland 

8 Security the individual who is the subject of the de9 tainer, the Department may take custody of the in10 dividual within 48 hours (excluding weekends and 

11 holidays), but in no instance be compelled to hold 

12 the subject more than 96 hours, but may hold the 

13 subject up to 30 days, following.’’. 

14 (b) IMMUNITY.— 

15 (1) IN GENERAL.—A State or a political sub16 division of a State (and the officials and personnel 

17 of the State or subdivision acting in their official ca18 pacities), and a nongovernmental entity (and its per19 sonnel) contracted by the State or political subdivi20 sion for the purpose of providing detention, acting in 

21 compliance with a Department of Homeland Secu22 rity detainer issued pursuant to this section who 

23 temporarily holds an alien in its custody pursuant to 

24 the terms of a detainer so that the alien may be 

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1 land Security, shall be considered to be acting under 

2 color of Federal authority for purposes of deter3 mining their liability and shall be held harmless for 

4 their compliance with the detainer in any suit seek5 ing any punitive, compensatory, or other monetary 

6 damages. 

7 (2) FEDERAL GOVERNMENT AS DEFENDANT.— 

8 In any civil action arising out of the compliance with 

9 a Department of Homeland Security detainer by a 

10 State or a political subdivision of a State (and the 

11 officials and personnel of the State or subdivision 

12 acting in their official capacities), or a nongovern13 mental entity (and its personnel) contracted by the 

14 State or political subdivision for the purpose of pro15 viding detention, the United States Government 

16 shall be the proper party named as the defendant in 

17 the suit in regard to the detention resulting from 

18 compliance with the detainer. 

19 (3) BAD FAITH EXCEPTION.—Paragraphs (1) 

20 and (2) shall not apply to any mistreatment of an 

21 individual by a State or a political subdivision of a 

22 State (and the officials and personnel of the State 

23 or subdivision acting in their official capacities), or 

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1 tracted by the State or political subdivision for the 

2 purpose of providing detention. 

3 SEC. 4. PRIVATE RIGHT OF ACTION. 

4 (a) CAUSE OF ACTION.—Any individual, or a spouse, 

5 parent, or child of that individual (if the individual is de6 ceased), who is the victim of a murder, rape, or any felony, 

7 as defined by the State, for which an alien (as defined 

8 in section 101(a)(3) of the Immigration and Nationality 

9 Act (8 U.S.C. 1101(a)(3))) has been convicted and sen10 tenced to a term of imprisonment of at least 1 year, may 

11 bring an action against a State or political subdivision of 

12 a State in the appropriate Federal or State court— 

13 (1) if the State or political subdivision released 

14 the alien from custody prior to the commission of 

15 such crime, and had knowledge that the alien was 

16 unlawfully present in the United States; or 

17 (2) the crime was a consequence of the State or 

18 political subdivision declining to honor a detainer or 

19 warrant issued pursuant to section 287(d)(1) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1357(d)(1)). 

22 (b) APPLICATION.—Subject to subsection (c), sub23 section (a) shall apply without regard to whether the crime 

24 was committed before, on, or after the date of the enact25 ment of this Act. 


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1 (c) LIMITATION ON BRINGING ACTION.— 

2 (1) IN GENERAL.—An action brought under 

3 this section may not be brought later than 10 years 

4 following the occurrence of the crime, or death of a 

5 person as a result of such crime, whichever occurs 

6 later. 

7 (2) EXCEPTION.—Paragraph (1) shall not 

8 apply to an action brought under this section based 

9 on a crime committed before the date of the enact10 ment of this Act. 

11 (d) ATTORNEY’S FEES AND OTHER COSTS.—In any 

12 action or proceeding under this section the court shall 

13 allow a prevailing plaintiff a reasonable attorneys’ fee as 

14 part of the costs, and include expert fees as part of the 

15 attorneys’ fee. 

16 SEC. 5. MANDATORY DETENTION OF CERTAIN ALIENS 

17 CHARGED WITH A CRIME RESULTING IN 

18 DEATH OR SERIOUS BODILY INJURY. 

19 Section 236(c) of the Immigration and Nationality 

20 Act (8 U.S.C. 1226(c)) is amended— 

21 (1) in paragraph (1)— 

22 (A) in subparagraphs (A) and (B), by 

23 striking the comma at the end of each subpara24 graph and inserting a semicolon; 

25 (B) in subparagraph (C)— 


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1 (i) by striking ‘‘sentence’’ and insert2 ing ‘‘sentenced’’; and 

3 (ii) by striking ‘‘, or’’ and inserting a 

4 semicolon; 

5 (C) in subparagraph (D), by striking the 

6 comma at the end and inserting ‘‘; or’’; and 

7 (D) by inserting after subparagraph (D) 

8 the following: 

9 ‘‘(E)(i)(I) was not inspected and admitted 

10 into the United States; 

11 ‘‘(II) held a nonimmigrant visa (or other 

12 documentation authorizing admission into the 

13 United States as a nonimmigrant) that has 

14 been revoked under section 221(i); or 

15 ‘‘(III) is described in section 

16 237(a)(1)(C)(i); and 

17 ‘‘(ii) has been charged by a prosecuting au18 thority in the United States with any crime 

19 that resulted in the death or serious bodily in20 jury (as defined in section 1365(h)(3) of title 

21 18, United States Code) of another person,’’; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(3) NOTIFICATION REQUIREMENT.—Upon en25 countering or gaining knowledge of an alien deVerDate Sep 11 2014 04:37 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H9062.IH H9062

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1 scribed in paragraph (1), the Assistant Secretary of 

2 Homeland Security for Immigration and Customs 

3 Enforcement shall make reasonable efforts— 

4 ‘‘(A) to obtain information from law en5 forcement agencies and from other available 

6 sources regarding the identity of any victims of 

7 the crimes for which such alien was charged or 

8 convicted; and 

9 ‘‘(B) to provide the victim or, if the victim 

10 is deceased, a parent, guardian, spouse, or clos11 est living relative of such victim, with informa12 tion, on a timely and ongoing basis, including— 

13 ‘‘(i) the alien’s full name, aliases, date 

14 of birth, and country of nationality; 

15 ‘‘(ii) the alien’s immigration status 

16 and criminal history; 

17 ‘‘(iii) the alien’s custody status and 

18 any changes related to the alien’s custody; 

19 and 

20 ‘‘(iv) a description of any efforts by 

21 the United States Government to remove 

22 the alien from the United States.’’. 

23 SEC. 6. SAVINGS PROVISION. 

24 Nothing in this Act, or the amendments made by this 

25 Act, may be construed to limit the rights of crime victims 


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1 under any other provision of law, including section 3771 

2 of title 18, United States Code. 

Æ 


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