II 

117TH CONGRESS 

1ST SESSION S. 42 

To ensure that State and local law enforcement may cooperate with Federal 

officials to protect our communities from violent criminals and suspected 

terrorists who are illegally present in the United States. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2021 

Mr. TOOMEY (for himself, Mr. JOHNSON, Mr. TILLIS, Mrs. BLACKBURN, Mr. 

RISCH, Mr. BLUNT, Mr. COTTON, Mr. GRASSLEY, Mr. TUBERVILLE, Mr. 

PAUL, Mr. INHOFE, Mr. DAINES, Mrs. FISCHER, Mr. BOOZMAN, Mr. 

BRAUN, and Mr. CORNYN) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To ensure that State and local law enforcement may cooperate with Federal officials to protect our communities 

from violent criminals and suspected terrorists who are 

illegally present in the United States. 

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 ‘‘Stop Dangerous Sanc5 tuary Cities Act’’. 


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1 SEC. 2. ENSURING THAT LOCAL AND FEDERAL LAW EN2 FORCEMENT OFFICERS MAY COOPERATE TO 

3 SAFEGUARD OUR COMMUNITIES. 

4 (a) AUTHORITY TO COOPERATE WITH FEDERAL OF5 FICIALS.—A State, a political subdivision of a State, or 

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

7 subdivision that complies with a detainer issued by the De8 partment of Homeland Security under section 236 or 287 

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

10 and 1357)— 

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

12 the Department of Homeland Security; and 

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

14 the detainer, shall have all authority available to of15 ficers and employees of the Department of Home16 land Security. 

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

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

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

20 subdivision, which challenges the legality of the seizure or 

21 detention of an individual pursuant to a detainer issued 

22 by the Department of Homeland Security under section 

23 236 or 287 of the Immigration and Nationality Act (8 

24 U.S.C. 1226 and 1357)— 


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1 (1) no liability shall lie against the State or po2 litical subdivision of a State for actions taken in 

3 compliance with the detainer; and 

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

5 agent of the State or political subdivision were taken 

6 in compliance with the detainer— 

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

8 deemed— 

9 (i) to be an employee of the Federal 

10 Government and an investigative or law 

11 enforcement officer; and 

12 (ii) to have been acting within the 

13 scope of his or her employment under sec14 tion 1346(b) and chapter 171 of title 28, 

15 United States Code; 

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

17 States Code, shall provide the exclusive remedy 

18 for the plaintiff; and 

19 (C) the United States shall be substituted 

20 as defendant in the proceeding. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to provide immunity to any person 

23 who knowingly violates the civil or constitutional rights of 

24 an individual. 


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1 SEC. 3. SANCTUARY JURISDICTION DEFINED. 

2 (a) IN GENERAL.—Except as provided under sub3 section (b), for purposes of this Act, the term ‘‘sanctuary 

4 jurisdiction’’ means any State or political subdivision of 

5 a State that has in effect a statute, ordinance, policy, or 

6 practice that prohibits or restricts any government entity 

7 or official from— 

8 (1) sending, receiving, maintaining, or exchang9 ing with any Federal, State, or local government en10 tity information regarding the citizenship or immi11 gration status (lawful or unlawful) of any individual; 

12 or 

13 (2) complying with a request lawfully made by 

14 the Department of Homeland Security under section 

15 236 or 287 of the Immigration and Nationality Act 

16 (8 U.S.C. 1226 and 1357) to comply with a detainer 

17 for, or notify about the release of, an individual. 

18 (b) EXCEPTION.—A State or political subdivision of 

19 a State shall not be deemed a sanctuary jurisdiction based 

20 solely on its having a policy whereby its officials will not 

21 share information regarding, or comply with a request 

22 made by the Department of Homeland Security under sec23 tion 236 or 287 of the Immigration and Nationality Act 

24 (8 U.S.C. 1226 and 1357) to comply with a detainer re25 garding, an individual who comes forward as a victim or 

26 a witness to a criminal offense. 


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1 SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CER2 TAIN FEDERAL FUNDS. 

3 (a) ECONOMIC DEVELOPMENT ADMINISTRATION

4 GRANTS.— 

5 (1) GRANTS FOR PUBLIC WORKS AND ECO6 NOMIC DEVELOPMENT.—Section 201(b) of the Pub7 lic Works and Economic Development Act of 1965 

8 (42 U.S.C. 3141(b)) is amended— 

9 (A) in paragraph (2), by striking ‘‘and’’ at 

10 the end; 

11 (B) in paragraph (3), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(4) the area in which the project is to be car15 ried out is not a sanctuary jurisdiction (as defined 

16 in section 3 of the Stop Dangerous Sanctuary Cities 

17 Act).’’. 

18 (2) GRANTS FOR PLANNING AND ADMINISTRA19 TIVE EXPENSES.—Section 203(a) of the Public 

20 Works and Economic Development Act of 1965 (42 

21 U.S.C. 3143(a)) is amended by adding at the end 

22 the following: ‘‘A sanctuary jurisdiction (as defined 

23 in section 3 of the Stop Dangerous Sanctuary Cities 

24 Act) may not be deemed an eligible recipient under 

25 this subsection.’’. 


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1 (3) SUPPLEMENTARY GRANTS.—Section 205(a) 

2 of the Public Works and Economic Development Act 

3 of 1965 (42 U.S.C. 3145(a)) is amended— 

4 (A) in paragraph (2), by striking ‘‘and’’ at 

5 the end; 

6 (B) in paragraph (3)(B), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(4) will be carried out in an area that does not 

10 contain a sanctuary jurisdiction (as defined in sec11 tion 3 of the Stop Dangerous Sanctuary Cities 

12 Act).’’. 

13 (4) GRANTS FOR TRAINING, RESEARCH, AND

14 TECHNICAL ASSISTANCE.—Section 207 of the Public 

15 Works and Economic Development Act of 1965 (42 

16 U.S.C. 3147) is amended by adding at the end the 

17 following: 

18 ‘‘(c) INELIGIBILITY OF SANCTUARY JURISDIC19 TIONS.—Grant funds authorized under this section may 

20 not be used to provide assistance to a sanctuary jurisdic21 tion (as defined in section 3 of the Stop Dangerous Sanc22 tuary Cities Act).’’. 

23 (b) COMMUNITY DEVELOPMENT BLOCK GRANTS.— 

24 Title I of the Housing and Community Development Act 

25 of 1974 (42 U.S.C. 5301 et seq.) is amended— 


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1 (1) in section 102(a) (42 U.S.C. 5302(a)), by 

2 adding at the end the following: 

3 ‘‘(25) The term ‘sanctuary jurisdiction’ has the 

4 meaning provided in section 3 of the Stop Dan5 gerous Sanctuary Cities Act.’’; and 

6 (2) in section 104(b) (42 U.S.C. 5304(b))— 

7 (A) in paragraph (5), by striking ‘‘and’’ at 

8 the end; 

9 (B) by redesignating paragraph (6) as 

10 paragraph (7); and 

11 (C) by inserting after paragraph (5) the 

12 following: 

13 ‘‘(6) the grantee is not a sanctuary jurisdiction 

14 and will not become a sanctuary jurisdiction during 

15 the period for which the grantee receives a grant 

16 under this title; and’’; and 

17 (3) in section 106 (42 U.S.C. 5306), by adding 

18 at the end the following: 

19 ‘‘(g) PROTECTION OF INDIVIDUALS AGAINST

20 CRIME.— 

21 ‘‘(1) IN GENERAL.—No funds authorized to be 

22 appropriated to carry out this title may be obligated 

23 or expended for any State or unit of general local 

24 government that is a sanctuary jurisdiction. 

25 ‘‘(2) RETURNED AMOUNTS.— 


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1 ‘‘(A) STATE.—If a State is a sanctuary ju2 risdiction during the period for which it receives 

3 amounts under this title, the Secretary— 

4 ‘‘(i) shall direct the State to imme5 diately return to the Secretary any such 

6 amounts that the State received for that 

7 period; and 

8 ‘‘(ii) shall reallocate amounts returned 

9 under clause (i) for grants under this title 

10 to other States that are not sanctuary ju11 risdictions. 

12 ‘‘(B) UNIT OF GENERAL LOCAL GOVERN13 MENT.—If a unit of general local government is 

14 a sanctuary jurisdiction during the period for 

15 which it receives amounts under this title, any 

16 such amounts that the unit of general local gov17 ernment received for that period— 

18 ‘‘(i) in the case of a unit of general 

19 local government that is not in a non20 entitlement area, shall be returned to the 

21 Secretary for grants under this title to 

22 States and other units of general local gov23 ernment that are not sanctuary jurisdic24 tions; and 


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1 ‘‘(ii) in the case of a unit of general 

2 local government that is in a nonentitle3 ment area, shall be returned to the Gov4 ernor of the State for grants under this 

5 title to other units of general local govern6 ment in the State that are not sanctuary 

7 jurisdictions. 

8 ‘‘(C) REALLOCATION RULES.—In reallo9 cating amounts under subparagraphs (A) and 

10 (B), the Secretary— 

11 ‘‘(i) shall apply the relevant allocation 

12 formula under subsection (b), with all 

13 sanctuary jurisdictions excluded; and 

14 ‘‘(ii) shall not be subject to the rules 

15 for reallocation under subsection (c).’’. 

16 (c) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on October 

18 1, 2021. 

Æ 


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