I 

117TH CONGRESS 

1ST SESSION H. R. 3375 

To amend the Immigration and Nationality Act to modify provisions relating 

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mr. BROOKS (for himself and Mr. GOODEN of Texas) 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 

subdivisions 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 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375

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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 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 

7 require law enforcement officials from States, or from po8 litical subdivisions of States, to report or arrest victims 

9 or witnesses of a criminal offense.’’. 

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

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

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

13 the Illegal Immigration Reform and Immigrant Responsi14 bility Act of 1996 (8 U.S.C. 1373), as added by this sec15 tion, shall apply only to prohibited acts committed on or 

16 after the date of the enactment of this Act. 

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

18 (a) IN GENERAL.—Section 287(d) of the Immigra19 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 

20 to read as follows: 

21 ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE

22 ALIENS.— 

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

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

25 enforcement official or other personnel for the alVerDate Sep 11 2014 21:00 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375

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1 leged violation of any criminal or motor vehicle law, 

2 the Secretary may issue a detainer regarding the in3 dividual to any Federal, State, or local law enforce4 ment entity, official, or other personnel if the Sec5 retary has probable cause to believe that the indi6 vidual is an inadmissible or deportable alien. 

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

8 deemed to be established if— 

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

10 the detainer matches, pursuant to biometric 

11 confirmation or other Federal database records, 

12 the identity of an alien who the Secretary has 

13 reasonable grounds to believe to be inadmissible 

14 or deportable; 

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

16 the detainer is the subject of ongoing removal 

17 proceedings, including matters where a charg18 ing document has already been served; 

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

20 the detainer has previously been ordered re21 moved from the United States and such an 

22 order is administratively final; 

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

24 the detainer has made voluntary statements or 


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1 provided reliable evidence that indicate that 

2 they are an inadmissible or deportable alien; or 

3 ‘‘(E) the Secretary otherwise has reason4 able grounds to believe that the individual who 

5 is the subject of the detainer is an inadmissible 

6 or deportable alien. 

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

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

9 other personnel to whom a detainer is issued com10 plies with the detainer and detains for purposes of 

11 transfer of custody to the Department of Homeland 

12 Security the individual who is the subject of the de13 tainer, the Department may take custody of the in14 dividual within 48 hours (excluding weekends and 

15 holidays), but in no instance more than 96 hours, 

16 following the date that the individual is otherwise to 

17 be released from the custody of the relevant Federal, 

18 State, or local law enforcement entity.’’. 

19 (b) IMMUNITY.— 

20 (1) IN GENERAL.—A State or a political sub21 division of a State (and the officials and personnel 

22 of the State or subdivision acting in their official ca23 pacities), and a nongovernmental entity (and its per24 sonnel) contracted by the State or political subdivi25 sion for the purpose of providing detention, acting in 


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1 compliance with a Department of Homeland Secu2 rity detainer issued pursuant to this section who 

3 temporarily holds an alien in its custody pursuant to 

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

5 taken into the custody of the Department of Home6 land Security, shall be considered to be acting under 

7 color of Federal authority for purposes of deter8 mining their liability and shall be held harmless for 

9 their compliance with the detainer in any suit seek10 ing any punitive, compensatory, or other monetary 

11 damages. 

12 (2) FEDERAL GOVERNMENT AS DEFENDANT.— 

13 In any civil action arising out of the compliance with 

14 a Department of Homeland Security detainer by a 

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

16 officials and personnel of the State or subdivision 

17 acting in their official capacities), or a nongovern18 mental entity (and its personnel) contracted by the 

19 State or political subdivision for the purpose of pro20 viding detention, the United States Government 

21 shall be the proper party named as the defendant in 

22 the suit in regard to the detention resulting from 

23 compliance with the detainer. 

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

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


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1 individual by a State or a political subdivision of a 

2 State (and the officials and personnel of the State 

3 or subdivision acting in their official capacities), or 

4 a nongovernmental entity (and its personnel) con5 tracted by the State or political subdivision for the 

6 purpose of providing detention. 

7 (c) PRIVATE RIGHT OF ACTION.— 

8 (1) CAUSE OF ACTION.—Any individual, or a 

9 spouse, parent, or child of that individual (if the in10 dividual is deceased), who is the victim of a murder, 

11 rape, or any felony, as defined by the State, for 

12 which an alien (as defined in section 101(a)(3) of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(3))) has been convicted and sentenced to a 

15 term of imprisonment of at least 1 year, may bring 

16 an action against a State or political subdivision of 

17 a State in the appropriate Federal or State court if 

18 the State or political subdivision released the alien 

19 from custody prior to the commission of such crime 

20 as a consequence of the State or political subdivi21 sion’s declining to honor a detainer issued pursuant 

22 to section 287(d)(1) of the Immigration and Nation23 ality Act (8 U.S.C. 1357(d)(1)). 

24 (2) LIMITATION ON BRINGING ACTION.—An ac25 tion brought under this subsection may not be 


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1 brought later than 10 years following the occurrence 

2 of the crime, or death of a person as a result of such 

3 crime, whichever occurs later. 

4 (3) ATTORNEYS’ FEE AND OTHER COSTS.—In 

5 any action or proceeding under this subsection the 

6 court shall allow a prevailing plaintiff a reasonable 

7 attorneys’ fee as part of the costs, and include ex8 pert fees as part of the attorneys’ fee. 

9 SEC. 4. SARAH AND GRANT’S LAW. 

10 (a) DETENTION OF ALIENS DURING REMOVAL PRO11 CEEDINGS.— 

12 (1) CLERICAL AMENDMENTS.—(A) Section 236 

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

14 1226) is amended by striking ‘‘Attorney General’’ 

15 each place it appears (except in the second place 

16 that term appears in section 236(a)) and inserting 

17 ‘‘Secretary of Homeland Security’’. 

18 (B) Section 236(a) of such Act (8 U.S.C. 

19 1226(a)) is amended by inserting ‘‘the Secretary of 

20 Homeland Security or’’ before ‘‘the Attorney Gen21 eral—’’. 

22 (C) Section 236(e) of such Act (8 U.S.C. 

23 1226(e)) is amended by striking ‘‘Attorney Gen24 eral’s’’ and inserting ‘‘Secretary of Homeland Secu25 rity’s’’. 


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1 (2) LENGTH OF DETENTION.—Section 236 of 

2 such Act (8 U.S.C. 1226) is amended by adding at 

3 the end the following: 

4 ‘‘(f) LENGTH OF DETENTION.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of this section, an alien may be detained, 

7 and for an alien described in subsection (c) shall be 

8 detained, under this section without time limitation, 

9 except as provided in subsection (h), during the 

10 pendency of removal proceedings. 

11 ‘‘(2) CONSTRUCTION.—The length of detention 

12 under this section shall not affect detention under 

13 section 241.’’. 

14 (3) DETENTION OF CRIMINAL ALIENS.—Section 

15 236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) is 

16 amended— 

17 (A) in subparagraph (C), by striking ‘‘or’’ 

18 at the end; 

19 (B) by inserting after subparagraph (D) 

20 the following: 

21 ‘‘(E) is unlawfully present in the United 

22 States and has been convicted for driving while 

23 intoxicated (including a conviction for driving 

24 while under the influence or impaired by alcohol 

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1 tion is classified as a misdemeanor or felony 

2 under State law, or 

3 ‘‘(F)(i)(I) is inadmissible under section 

4 212(a)(6)(i), 

5 ‘‘(II) is deportable by reason of a visa rev6 ocation under section 221(i), or 

7 ‘‘(III) is deportable under section 

8 237(a)(1)(C)(i), and 

9 ‘‘(ii) has been arrested or charged with a 

10 particularly serious crime or a crime resulting 

11 in the death or serious bodily injury (as defined 

12 in section 1365(h)(3) of title 18, United States 

13 Code) of another person;’’; and 

14 (C) by amending the matter following sub15 paragraph (F) (as added by subparagraph (B) 

16 of this paragraph) to read as follows: 

17 ‘‘any time after the alien is released, without regard 

18 to whether an alien is released related to any activ19 ity, offense, or conviction described in this para20 graph; to whether the alien is released on parole, su21 pervised release, or probation; or to whether the 

22 alien may be arrested or imprisoned again for the 

23 same offense. If the activity described in this para24 graph does not result in the alien being taken into 

25 custody by any person other than the Secretary, 


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1 then when the alien is brought to the attention of 

2 the Secretary or when the Secretary determines it is 

3 practical to take such alien into custody, the Sec4 retary shall take such alien into custody.’’. 

5 (4) ADMINISTRATIVE REVIEW.—Section 236 of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1226), as amended by paragraph (2), is further 

8 amended by adding at the end the following: 

9 ‘‘(g) ADMINISTRATIVE REVIEW.—The Attorney Gen10 eral’s review of the Secretary’s custody determinations 

11 under subsection (a) for the following classes of aliens 

12 shall be limited to whether the alien may be detained, re13 leased on bond (of at least $1,500 with security approved 

14 by the Secretary), or released with no bond: 

15 ‘‘(1) Aliens in exclusion proceedings. 

16 ‘‘(2) Aliens described in section 212(a)(3) or 

17 237(a)(4). 

18 ‘‘(3) Aliens described in subsection (c). 

19 ‘‘(h) RELEASE ON BOND.— 

20 ‘‘(1) IN GENERAL.—An alien detained under 

21 subsection (a) may seek release on bond. No bond 

22 may be granted except to an alien who establishes 

23 by clear and convincing evidence that the alien is not 

24 a flight risk or a danger to another person or the 

25 community. 


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1 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 

2 detained under subsection (c) may seek release on 

3 bond.’’. 

4 (5) CLERICAL AMENDMENTS.—(A) Section 

5 236(a)(2)(B) of the Immigration and Nationality 

6 Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik7 ing ‘‘conditional parole’’ and inserting ‘‘recog8 nizance’’. 

9 (B) Section 236(b) of such Act (8 U.S.C. 

10 1226(b)) is amended by striking ‘‘parole’’ and in11 serting ‘‘recognizance’’. 

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

13 subsection (a) shall take effect on the date of the enact14 ment of this Act and shall apply to any alien in detention 

15 under the provisions of section 236 of the Immigration 

16 and Nationality Act (8 U.S.C. 1226), as so amended, or 

17 otherwise subject to the provisions of such section, on or 

18 after such date. 

Æ 


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