I 

116TH CONGRESS 

1ST SESSION H. R. 3218 

To prohibit certain Federal funds from being made available to sanctuary 

jurisdictions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2019 

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

Committee on the Judiciary, and in addition to the Committee on Oversight and 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 prohibit certain Federal funds from being made available 

to sanctuary jurisdictions, 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— 

5 (1) the ‘‘End Sanctuaries and Help Our Amer6 ican Homeless and Veterans Act’’; or 

7 (2) the ‘‘Diamond and Silk Act’’. 

8 SEC. 2. FINDINGS. 

9 The Congress finds as follows: 


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1 (1) According to United States law, found at 

2 section 274 of the Immigration and Nationality Act 

3 (8 U.S.C. 1324), it is illegal to bring or harbor ille4 gal immigrants in our Nation. 

5 (2) In contravention of this law, cities, counties, 

6 parishes, other political subdivisions, and States in 

7 our Nation have adopted policies specifically oriented 

8 to bring in, harbor, and even attract illegal aliens 

9 into their jurisdictions. 

10 (3) Although the Federal Government, and spe11 cifically the Congress of the United States, is con12 stitutionally charged with establishing ‘‘an uniform 

13 Rule of Naturalization’’, in certain cases States and 

14 political subdivisions, including cities, have been as15 suming the role of immigration authorities, clearly in 

16 violation of both the Constitution and Federal stat17 ute. 

18 (4) Historically, the Federal Government has 

19 proven lackadaisical about enforcing its sole jurisdic20 tion in the serious matter of illegal immigration and 

21 taking action against those jurisdictions that know22 ingly or recklessly disregard the Rule of Law to con23 ceal, harbor, attempt to, or actually shield from de24 tection, such illegal aliens, or that prohibit their offiVerDate Sep 11 2014 22:09 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3218.IH H3218

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1 cers from gathering information for, or cooperating 

2 with, Federal officials. 

3 (5) In these wanton acts, such jurisdictions 

4 break the law that its citizens are held to, violate the 

5 trust of the taxpayers who are already charged with 

6 a $22 trillion dollar Government debt that grows 

7 daily, and—perhaps worst—subject those they 

8 should protect and serve to death by deliberate mur9 derous acts and traffic accidents by those who 

10 should not be in the country at all. 

11 (6) In this way, such jurisdictions aid and abet 

12 American deaths that are 100 percent preventable. 

13 (7) Such tragic, preventable American deaths 

14 have been suffered by ‘‘Angel Families’’ who have 

15 lost spouses, sons, daughters, grandchildren, par16 ents, and grandparents at the hands of illegal aliens. 

17 (8) These families are left to suffer deaths that 

18 should not have been, according to the law of the 

19 land, while too often complicit public officials, cities, 

20 States, and the Federal Government are not held ac21 countable. 

22 (9) Meanwhile, our Nation’s American homeless 

23 and veterans are too often left out in the cold, with24 out the basic necessities and care that they need and 

25 deserve as citizens of this country. 


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1 (10) Our American homeless and veterans must 

2 be prioritized and cared for by law and in fact. 

3 (11) Jurisdictions’ responsibilities must be 

4 taken seriously, and never aid and abet, violations of 

5 immigration law. 

6 (12) These are dual injustices that the law, as 

7 is, dictates must end. 

8 SEC. 3. TREATMENT OF SANCTUARY JURISDICTIONS. 

9 (a) DEFINITION.—In this section, the term ‘‘sanc10 tuary jurisdiction’’ means a State or any political subdivi11 sion of a State that the Attorney General determines has 

12 in effect a statute, ordinance, policy, or practice that pro13 hibits or in any way restricts, a Federal, State, or local 

14 government entity, official, or other personnel from— 

15 (1) complying with the immigration laws (as de16 fined in section 101(a)(17) of the Immigration and 

17 Nationality Act (8 U.S.C. 1101(a)(17))), or from as18 sisting or cooperating with Federal law enforcement 

19 entities, officials, or other personnel regarding the 

20 enforcement of these laws; or 

21 (2) undertaking any of the following law en22 forcement activities as they relate to information re23 garding the citizenship or immigration status, lawful 

24 or unlawful, the inadmissibility or deportability, or 

25 the custody status, of any individual: 


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1 (A) Making inquiries to any individual in 

2 order to obtain such information regarding such 

3 individual or any other individuals. 

4 (B) Notifying the Federal Government re5 garding the presence of individuals who are en6 countered by law enforcement officials or other 

7 personnel of a State or political subdivision of 

8 a State. 

9 (C) Complying with requests for such in10 formation from Federal law enforcement enti11 ties, officials, or other personnel. 

12 (D) Complying with detainers. 

13 (b) INELIGIBILITY OF SANCTUARY JURISDICTIONS

14 FOR FEDERAL FUNDS.— 

15 (1) STATES.—No sanctuary jurisdiction that is 

16 a State may be allocated or receive any Federal fi17 nancial assistance (as such term is defined in section 

18 7501(a)(5) of title 31, United States Code). 

19 (2) POLITICAL SUBDIVISIONS.—No sanctuary 

20 jurisdiction that is a political subdivision of a State 

21 may be allocated or receive any funds made available 

22 to the Attorney General, including those made avail23 able from the account ‘‘Department of Justice—Of24 fice of Justice Programs—State and Local Law En25 forcement Assistance’’. 


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1 (3) SOVEREIGN IMMUNITY.—Each State and 

2 political subdivision of a State shall, as a condition 

3 on receipt of any Federal financial assistance (as 

4 such term is defined in section 7501(a)(5) of title 

5 31, United States Code), waive the sovereign immu6 nity of the State or political subdivision with respect 

7 to actions authorized under section 4. 

8 (4) REALLOCATION OF FUNDS.—Notwith9 standing any other provision of law, any funds not 

10 allocated to a sanctuary jurisdiction from the ac11 count ‘‘Department of Justice—Office of Justice 

12 Programs—State and Local Law Enforcement As13 sistance’’ pursuant to this subsection shall be made 

14 available for activities carried out under the Justice 

15 and Mental Health Collaboration Program of the Of16 fice of Justice Programs of the Department of Jus17 tice, to reduce homelessness in order to improve out18 comes for individuals with mental illnesses or co-oc19 curring mental health and substance abuse disorders 

20 who encounter the justice system, thereby reducing 

21 mental health disorders and homelessness among 

22 our citizens. 

23 SEC. 4. PRIVATE RIGHT OF ACTION. 

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

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1 ceased), who is the victim of a murder, rape, or any felony, 

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

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

4 Act (8 U.S.C. 1101(a)(3))) has been convicted and sen5 tenced to a term of imprisonment of at least 1 year, may 

6 bring an action against a State or political subdivision of 

7 a State in the appropriate Federal or State court— 

8 (1) if the State or political subdivision released 

9 the alien from custody prior to the commission of 

10 such crime, and had knowledge that the alien was 

11 unlawfully present in the United States; or 

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

13 political subdivision declining to honor a detainer or 

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

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

16 1357(d)(1)). 

17 (b) APPLICATION.—Subject to subsection (c), sub18 section (a) shall apply without regard to whether the crime 

19 was committed before, on, or after the date of the enact20 ment of this Act. 

21 (c) LIMITATION ON BRINGING ACTION.— 

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

23 this section may not be brought later than 10 years 

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


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1 person as a result of such crime, whichever occurs 

2 later. 

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

4 apply to an action brought under this section based 

5 on a crime committed before the date of the enact6 ment of this Act. 

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

8 action or proceeding under this section the court shall 

9 allow a prevailing plaintiff a reasonable attorneys’ fee as 

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

11 attorneys’ fee. 

Æ 


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