No Federal Funding to Benefit Sanctuary Cities Act

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, to stop taxpayer dollars from flowing to jurisdictions that fail to comply with Federal law, and for other purposes. 1. Short title This Act may be cited as the No Federal Funding to Benefit Sanctuary Cities Act 2. Protecting local and Federal law enforcement officers who cooperate to safeguard communities (a) In general A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that takes action to comply with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) with regard to such actions, shall have all authority available to officers and employees of the Department of Homeland Security. (b) Legal proceedings In any legal proceeding brought against a State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) no liability shall lie against the State or political subdivision of a State for actions taken in compliance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in compliance with the detainer— (A) the officer, employee, or agent shall be deemed— (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) and chapter 171 (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of construction Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual. 3. Sanctuary jurisdictions ineligible for Federal funds (a) In general Beginning with fiscal year 2019, a sanctuary jurisdiction is ineligible to receive Federal financial assistance (as defined in section 7501 of title 31, United States Code). (b) Sanctuary jurisdiction defined For purposes of this section, the term sanctuary jurisdiction (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (c) Returned amounts (1) State If a State is a sanctuary jurisdiction during a period in fiscal year 2019 or thereafter for which it receives Federal financial assistance (as defined in section 7501 of title 31, United States Code) from an Executive agency (as defined in section 105 of title 5, United States Code), the head of such agency— (A) shall direct the State immediately to return any such amounts that the State received for that period; and (B) shall reallocate amounts returned under subparagraph (A) to other States that are not sanctuary jurisdictions. (2) Unit of general local government If a unit of general local government is a sanctuary jurisdiction during a period in fiscal year 2019 or thereafter for which it receives Federal financial assistance (as defined in section 7501 of title 31, United States Code) from an Executive agency (as defined in section 105 of title 5, United States Code), any such amounts that the unit of general local government received for that period— (A) in the case of a unit of general local government that is not in a nonentitlement area, shall be returned the head of such agency for reallocation to States and other units of general local government that are not sanctuary jurisdictions; and (B) in the case of a unit of general local government that is in a nonentitlement area, shall be returned to the Governor of the State for reallocation to other units of general local government in the State that are not sanctuary jurisdictions.

Summary: No Federal Funding to Benefit Sanctuary Cities Act This bill prohibits a sanctuary jurisdiction from receiving federal financial assistance. A sanctuary jurisdiction is a state or political subdivision that has a statute, policy, or practice in effect that prohibits or restricts: (1) information sharing about an individual's immigration status, or (2) compliance with a lawfully issued detainer request or notification of release request. A state or political subdivision that complies with a detainer is deemed to be an agent of the Department of Homeland Security and is authorized to take actions to comply with the detainer. The bill limits the liability of a state or political subdivision, or an officer or employee of such state or political subdivision, for actions in compliance with the detainer.