```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9062 Introduced in House (IH)]

<DOC>

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.

    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 ``No Sanctuary for Criminals Act''.

SEC. 2. STATE NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Notwithstanding any other provision of Federal, 
State, or local law, no Federal, State, or local government entity, and 
no individual, may prohibit or in any way restrict, a Federal, State, 
or local government entity, official, or other personnel from complying 
with the immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from 
assisting or cooperating with Federal law enforcement entities, 
officials, or other personnel regarding the enforcement of these 
laws.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Law Enforcement Activities.--Notwithstanding any other 
provision of Federal, State, or local law, no Federal, State, or local 
government entity, and no individual, may prohibit, or in any way 
restrict, a Federal, State, or local government entity, official, or 
other personnel from undertaking any of the following law enforcement 
activities as they relate to information regarding the citizenship or 
immigration status, lawful or unlawful, the inadmissibility or 
deportability, or the custody status, of any individual:
            ``(1) Making inquiries to any individual in order to obtain 
        such information regarding such individual or any other 
        individuals.
            ``(2) Notifying the Federal Government regarding the 
        presence of individuals who are encountered by law enforcement 
        officials or other personnel of a State or political 
        subdivision of a State.
            ``(3) Complying with requests for such information from 
        Federal law enforcement entities, officials, or other 
        personnel.'';
            (3) in subsection (c), by striking ``Immigration and 
        Naturalization Service'' and inserting ``Department of Homeland 
        Security''; and
            (4) by adding at the end the following:
    ``(d) Compliance.--
            ``(1) Eligibility for certain grant programs.--A State, or 
        a political subdivision of a State, that is found not to be in 
        compliance with subsection (a) or (b) shall not be eligible to 
        receive--
                    ``(A) any of the funds that would otherwise be 
                allocated to the State or political subdivision under 
                section 241(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1231(i)), 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.), or the Edward Byrne Memorial Justice Assistance 
                Grant Program under subpart 1 of part E of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3750 et seq.); or
                    ``(B) any other grant administered by the 
                Department of Justice or the Department of Homeland 
                Security that is substantially related to law 
                enforcement, terrorism, national security, immigration, 
                or naturalization.
            ``(2) Transfer of custody of aliens pending removal 
        proceedings.--The Secretary, at the Secretary's discretion, may 
        decline to transfer an alien in the custody of the Department 
        of Homeland Security to a State or political subdivision of a 
        State found not to be in compliance with subsection (a) or (b), 
        regardless of whether the State or political subdivision of the 
        State has issued a writ or warrant.
            ``(3) Transfer of custody of certain aliens prohibited.--
        The Secretary shall not transfer an alien with a final order of 
        removal pursuant to paragraph (1)(A) or (5) of section 241(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a 
        State or a political subdivision of a State that is found not 
        to be in compliance with subsection (a) or (b).
            ``(4) Annual determination.--The Secretary shall determine 
        for each calendar year which States or political subdivision of 
        States are not in compliance with subsection (a) or (b) and 
        shall report such determinations to Congress by March 1 of each 
        succeeding calendar year.
            ``(5) Reports.--The Secretary of Homeland Security shall 
        issue a report concerning the compliance with subsections (a) 
        and (b) of any particular State or political subdivision of a 
        State at the request of the House or the Senate Judiciary 
        Committee. Any jurisdiction that is found not to be in 
        compliance shall be ineligible to receive Federal financial 
        assistance as provided in paragraph (1) for a minimum period of 
        1 year, and shall only become eligible again after the 
        Secretary of Homeland Security certifies that the jurisdiction 
        has come into compliance.
            ``(6) Reallocation.--Any funds that are not allocated to a 
        State or to a political subdivision of a State due to the 
        failure of the State or of the political subdivision of the 
        State to comply with subsection (a) or (b) shall be reallocated 
        to States or to political subdivisions of States that comply 
        with both such subsections.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, except that subsection 
(d) of section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, 
shall apply only to prohibited acts committed on or after the date of 
the enactment of this Act.

SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--Section 287(d) of the Immigration and Nationality 
Act (8 U.S.C. 1357(d)) is amended to read as follows:
    ``(d) Detainer of Inadmissible or Deportable Aliens.--
            ``(1) In general.--In the case of an individual who is 
        arrested by any Federal, State, or local law enforcement 
        official or other personnel for the alleged violation of any 
        criminal or motor vehicle law, the Secretary may issue a 
        detainer regarding the individual to any Federal, State, or 
        local law enforcement entity, official, or other personnel if 
        the Secretary has probable cause to believe that the individual 
        is an inadmissible or deportable alien.
            ``(2) Probable cause.--Probable cause is deemed to be 
        established if--
                    ``(A) the individual who is the subject of the 
                detainer matches, pursuant to biometric confirmation or 
                other Federal database records, the identity of an 
                alien who the Secretary has reasonable grounds to 
                believe to be inadmissible or deportable;
                    ``(B) the individual who is the subject of the 
                detainer is the subject of ongoing removal proceedings, 
                including matters where a charging document has already 
                been served;
                    ``(C) the individual who is the subject of the 
                detainer has previously been ordered removed from the 
                United States and such an order is administratively 
                final;
                    ``(D) the individual who is the subject of the 
                detainer has made voluntary statements or provided 
                reliable evidence that indicate that they are an 
                inadmissible or deportable alien; or
                    ``(E) the Secretary otherwise has reasonable 
                grounds to believe that the individual who is the 
                subject of the detainer is an inadmissible or 
                deportable alien.
            ``(3) Transfer of custody.--If the Federal, State, or local 
        law enforcement entity, official, or other personnel to whom a 
        detainer is issued complies with the detainer and detains for 
        purposes of transfer of custody to the Department of Homeland 
        Security the individual who is the subject of the detainer, the 
        Department may take custody of the individual within 48 hours 
        (excluding weekends and holidays), but in no instance be 
        compelled to hold the subject more than 96 hours, but may hold 
        the subject up to 30 days, following.''.
    (b) Immunity.--
            (1) In general.--A State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), and a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, acting in compliance with a Department of Homeland 
        Security detainer issued pursuant to this section who 
        temporarily holds an alien in its custody pursuant to the terms 
        of a detainer so that the alien may be taken into the custody 
        of the Department of Homeland Security, shall be considered to 
        be acting under color of Federal authority for purposes of 
        determining their liability and shall be held harmless for 
        their compliance with the detainer in any suit seeking any 
        punitive, compensatory, or other monetary damages.
            (2) Federal government as defendant.--In any civil action 
        arising out of the compliance with a Department of Homeland 
        Security detainer by a State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), or a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, the United States Government shall be the proper 
        party named as the defendant in the suit in regard to the 
        detention resulting from compliance with the detainer.
            (3) Bad faith exception.--Paragraphs (1) and (2) shall not 
        apply to any mistreatment of an individual by a State or a 
        political subdivision of a State (and the officials and 
        personnel of the State or subdivision acting in their official 
        capacities), or a nongovernmental entity (and its personnel) 
        contracted by the State or political subdivision for the 
        purpose of providing detention.

SEC. 4. PRIVATE RIGHT OF ACTION.

    (a) Cause of Action.--Any individual, or a spouse, parent, or child 
of that individual (if the individual is deceased), who is the victim 
of a murder, rape, or any felony, as defined by the State, for which an 
alien (as defined in section 101(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(3))) has been convicted and sentenced 
to a term of imprisonment of at least 1 year, may bring an action 
against a State or political subdivision of a State in the appropriate 
Federal or State court--
            (1) if the State or political subdivision released the 
        alien from custody prior to the commission of such crime, and 
        had knowledge that the alien was unlawfully present in the 
        United States; or
            (2) the crime was a consequence of the State or political 
        subdivision declining to honor a detainer or warrant issued 
        pursuant to section 287(d)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1357(d)(1)).
    (b) Application.--Subject to subsection (c), subsection (a) shall 
apply without regard to whether the crime was committed before, on, or 
after the date of the enactment of this Act.
    (c) Limitation on Bringing Action.--
            (1) In general.--An action brought under this section may 
        not be brought later than 10 years following the occurrence of 
        the crime, or death of a person as a result of such crime, 
        whichever occurs later.
            (2) Exception.--Paragraph (1) shall not apply to an action 
        brought under this section based on a crime committed before 
        the date of the enactment of this Act.
    (d) Attorney's Fees and Other Costs.--In any action or proceeding 
under this section the court shall allow a prevailing plaintiff a 
reasonable attorneys' fee as part of the costs, and include expert fees 
as part of the attorneys' fee.

SEC. 5. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A CRIME 
              RESULTING IN DEATH OR SERIOUS BODILY INJURY.

    Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraphs (A) and (B), by striking the 
                comma at the end of each subparagraph and inserting a 
                semicolon;
                    (B) in subparagraph (C)--
                            (i) by striking ``sentence'' and inserting 
                        ``sentenced''; and
                            (ii) by striking ``, or'' and inserting a 
                        semicolon;
                    (C) in subparagraph (D), by striking the comma at 
                the end and inserting ``; or''; and
                    (D) by inserting after subparagraph (D) the 
                following:
                    ``(E)(i)(I) was not inspected and admitted into the 
                United States;
                    ``(II) held a nonimmigrant visa (or other 
                documentation authorizing admission into the United 
                States as a nonimmigrant) that has been revoked under 
                section 221(i); or
                    ``(III) is described in section 237(a)(1)(C)(i); 
                and
                    ``(ii) has been charged by a prosecuting authority 
                in the United States with any crime that resulted in 
                the death or serious bodily injury (as defined in 
                section 1365(h)(3) of title 18, United States Code) of 
                another person,''; and
            (2) by adding at the end the following:
            ``(3) Notification requirement.--Upon encountering or 
        gaining knowledge of an alien described in paragraph (1), the 
        Assistant Secretary of Homeland Security for Immigration and 
        Customs Enforcement shall make reasonable efforts--
                    ``(A) to obtain information from law enforcement 
                agencies and from other available sources regarding the 
                identity of any victims of the crimes for which such 
                alien was charged or convicted; and
                    ``(B) to provide the victim or, if the victim is 
                deceased, a parent, guardian, spouse, or closest living 
                relative of such victim, with information, on a timely 
                and ongoing basis, including--
                            ``(i) the alien's full name, aliases, date 
                        of birth, and country of nationality;
                            ``(ii) the alien's immigration status and 
                        criminal history;
                            ``(iii) the alien's custody status and any 
                        changes related to the alien's custody; and
                            ``(iv) a description of any efforts by the 
                        United States Government to remove the alien 
                        from the United States.''.

SEC. 6. SAVINGS PROVISION.

    Nothing in this Act, or the amendments made by this Act, may be 
construed to limit the rights of crime victims under any other 
provision of law, including section 3771 of title 18, United States 
Code.
                                 <all>
```