II 

117TH CONGRESS 

1ST SESSION S. 875 

To make any city or county that has in effect any law or ordinance that 

is in violation of Federal immigration law ineligible for any Federal 

grant, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To make any city or county that has in effect any law 

or ordinance that is in violation of Federal immigration 

law ineligible for any Federal grant, 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 ‘‘Ending Sanctuary Cit5 ies Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) The term ‘‘detainer’’ means any order or re2 quest by the Secretary of Homeland Security— 

3 (A) to temporarily hold an alien in custody 

4 until such alien may be taken into Federal cus5 tody; 

6 (B) to transport an alien for transfer to 

7 Federal custody; or 

8 (C) to notify the Secretary of Homeland 

9 Security before the release of an alien from 

10 State or local custody. 

11 (2) The term ‘‘immigration laws’’ has the 

12 meaning given such term under section 101 of the 

13 Immigration and Nationality Act (8 U.S.C. 1101). 

14 (3) The term ‘‘unit of local government’’ has 

15 the meaning given such term under section 

16 901(a)(3) of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (34 U.S.C. 10251(a)(3)). 

18 SEC. 3. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN 

19 JURISDICTIONS THAT VIOLATE THE IMMI20 GRATION LAWS. 

21 (a) INELIGIBLE JURISDICTIONS.—A State or unit of 

22 local government is an ineligible jurisdiction for purposes 

23 of this section if such State or unit of local government— 


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1 (1) violates section 642 of the Illegal Immigra2 tion Reform and Immigrant Responsibility Act of 

3 1996 (8 U.S.C. 1373); 

4 (2) otherwise restricts compliance with a de5 tainer issued by the Secretary of Homeland Secu6 rity; or 

7 (3) has any law or policy in effect that violates 

8 the immigration laws. 

9 (b) ANNUAL DETERMINATION OF INELIGIBLE JURIS10 DICTIONS.—Not later than 1 year after the date of the 

11 enactment of this Act, and annually thereafter, the Sec12 retary of Homeland Security shall— 

13 (1) determine which States and units of local 

14 government are ineligible jurisdictions based on the 

15 criteria set forth in subsection (a); and 

16 (2) submit a list of such ineligible jurisdictions, 

17 including the specific criteria upon which each such 

18 determination was based, to Congress. 

19 (c) PROHIBITION ON FEDERAL FINANCIAL ASSIST20 ANCE.—A State or unit of local government may not re21 ceive any Federal financial assistance (as such term is de22 fined in section 7501(a)(5) of title 31, United States 

23 Code) for the fiscal year following any fiscal year in which 

24 the Secretary of Homeland Security determines that such 


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1 State or unit of local government is an ineligible jurisdic2 tion under this section. 

3 SEC. 4. LIMITATION ON LIABILITY FOR COMPLIANCE WITH 

4 DETAINER. 

5 A State or unit of local government, and any law en6 forcement officer of such State or unit of local govern7 ment, acting in compliance with a detainer issued by the 

8 Secretary of Homeland Security, shall be considered to be 

9 acting under color of Federal authority for purposes of 

10 determining liability, and immunity from suit, in any civil 

11 action brought by the alien under Federal or State law. 

12 SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCE13 MENT. 

14 Section 15(a) of the Fair Labor Standards Act (29 

15 U.S.C. 215(a)) is amended— 

16 (1) in paragraph (5), by striking the period at 

17 the end and inserting ‘‘; or’’; and 

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

19 ‘‘(6) in the case of a State or unit of local gov20 ernment, to discharge or in any other manner dis21 criminate against any law enforcement officer of 

22 that State or unit of local government because such 

23 law enforcement officer has taken any action to com24 ply with a detainer (as such term is defined in secVerDate Sep 11 2014 22:54 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S875.IS S875

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1 tion 2 of the Ending Sanctuary Cities Act of 2021) 

2 issued by the Secretary of Homeland Security.’’. 

Æ 


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