Ending Sanctuary Cities Act of 2016

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 2016 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 March 1, 2017, 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 (4), by striking and (2) in paragraph (5), by striking the period at the end and inserting 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 4 of the Ending Sanctuary Cities Act of 2016) 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 2016 This bill provides that a state or local government is an ineligible jurisdiction if it: (1) restricts any government entity or official from sending to or receiving from the Immigration and Naturalization Service information regarding an individual's citizenship or immigration status, (2) otherwise restricts compliance with a Department of Homeland Security (DHS) detainer, or (3) has any law or policy in effect that violates the immigration laws. DHS shall annually determine whether each state or local government is an ineligible jurisdiction that may not receive any federal financial assistance for the fiscal year following any fiscal year in which DHS makes such determination. A state or local government, and any law enforcement officer of such jurisdiction, acting in compliance with a DHS detainer shall be considered to be acting under color of federal authority for purposes of determining liability and immunity from suit in any federal or state civil action brought by an alien. The Fair Labor Standards Act is amended to make it unlawful for a state or local government to discharge or discriminate against one of its law enforcement officers because such officer has taken any action to comply with a DHS detainer.