Ending Sanctuary Cities Act of 2021

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. Short title This Act may be cited as the Ending Sanctuary Cities Act of 2021 2. Ineligibility for Federal grants of certain jurisdictions that violate the immigration laws (a) Ineligible jurisdictions A State or unit of local government is an ineligible jurisdiction for purposes of this section if that State or unit of local government— (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. (b) Annual determination of ineligible jurisdictions Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall make a determination as to whether each State or unit of local government is an ineligible jurisdiction under subsection (a) and submit such determinations to Congress. (c) Prohibition on Federal financial assistance A State or unit of local government that is determined to be an ineligible jurisdiction may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that the State or unit of local government is an ineligible jurisdiction under subsection (b). 3. Limitation on liability for compliance with detainer A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. 4. Workplace protections for law enforcement Section 15(a) of the Fair Labor Standards Act ( 29 U.S.C. 215(a) (1) in paragraph (5), by striking the period at the end and inserting ; and (2) by adding at the end the following: (6) in the case of a State or unit of local government, to discharge or in any other manner discriminate against any law enforcement officer of that State or unit of local government because such law enforcement officer has taken any action to comply with a detainer (as such term is defined in section 5 of the Ending Sanctuary Cities Act of 2021) issued by the Secretary of Homeland Security. . 5. Definitions In this Act: (1) The term detainer (A) to temporarily hold an alien in custody until such alien may be taken into Federal custody; (B) to transport an alien for transfer to Federal custody; or (C) to notify the Secretary prior to the release of an alien from State or local custody. (2) The term immigration laws (3) The term unit of local government 42 U.S.C. 3791(a)(3)

Summary: Ending Sanctuary Cities Act of 2021 This bill makes state or local governments that violate immigration laws ineligible for federal financial assistance. A governmental entity shall be ineligible if it(1) violates federal law by prohibiting its officials from communicating with the Department of Homeland Security (DHS) about the immigration status of any individual, (2) restricts compliance with DHS detainer requests, or (3) has any laws or policies that violate immigration laws. (A DHS detainer request is an order or request to a state or local government to temporarily hold or transport an alien for transfer into federal custody or notify DHS before releasing an alien from custody.) A government or law enforcement officer that complies with a DHS detainer request shall be acting under the color of federal authority, for the purposes of liability or immunity in a lawsuit filed by the detained individual. The bill makes it unlawful for a state or local government to discharge or discriminate against one of its law enforcement officers for complying with a DHS detainer request.