No Sanctuary for Criminals Act of 2023

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to expand the prohibition on State noncompliance with enforcement of the immigration laws. 1. Short title This Act may be cited as the No Sanctuary for Criminals Act of 2023 2. Purpose Given the continuing escalation of drug overdose deaths across the U.S., a large portion of which is attributed to the most deadly opioid, fentanyl or fentanyl analogues, it is the will of Congress that law enforcement and other supportive services for aliens in sanctuary cities be required to fully cooperate with the Departments of Justice and Homeland Security to stem the flow of illegal drugs flowing into our States and cities. 3. State noncompliance with enforcement of immigration law (a) In general Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 (1) by striking subsection (a) and inserting the following: (a) In general Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may prohibit or in any way restrict, a Federal, State, or local government entity, official, or other personnel from complying with the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ; (2) by striking subsection (b) and inserting the following: (b) Law enforcement activities Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may prohibit, or in any way restrict, a Federal, State, or local government entity, official, or other personnel from undertaking any of the following law enforcement activities as they relate to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status, of any individual: (1) Making inquiries to any individual in order to obtain such information regarding such individual or any other individuals. (2) Notifying the Federal Government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a State or political subdivision of a State. (3) Complying with requests for such information from Federal law enforcement entities, officials, or other personnel. ; (3) in subsection (c), by striking Immigration and Naturalization Service Department of Homeland Security (4) by adding at the end the following: (d) Compliance (1) Transfer of custody of aliens pending removal proceedings The Secretary, at the Secretary’s discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a State or political subdivision of a State found not to be in compliance with subsection (a) or (b), regardless of whether the State or political subdivision of the State has issued a writ or warrant. (2) Transfer of custody of certain aliens prohibited The Secretary shall not transfer an alien with a final order of removal pursuant to paragraph (1)(A) or (5) of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (3) Annual determination The Secretary shall determine for each calendar year which States or political subdivision of States are not in compliance with subsection (a) or (b) and shall report such determinations to Congress by March 1 of each succeeding calendar year. (4) Reports The Secretary of Homeland Security shall issue a report concerning the compliance with subsections (a) and (b) of any particular State or political subdivision of a State at the request of the House or the Senate Judiciary Committee. (e) Construction Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, except that subsection (d) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 4. Clarifying the authority of ice detainers (a) In general Section 287(d) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d) (d) Detainer of inadmissible or deportable aliens (1) In general In the case of an individual who is arrested by any Federal, State, or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law, the Secretary may issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official, or other personnel if the Secretary has probable cause to believe that the individual is an inadmissible or deportable alien. (2) Probable cause Probable cause is deemed to be established if— (A) the individual who is the subject of the detainer matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary has reasonable grounds to believe to be inadmissible or deportable; (B) the individual who is the subject of the detainer is the subject of ongoing removal proceedings, including matters where a charging document has already been served; (C) the individual who is the subject of the detainer has previously been ordered removed from the United States and such an order is administratively final; (D) the individual who is the subject of the detainer has made voluntary statements or provided reliable evidence that indicate that they are an inadmissible or deportable alien; or (E) the Secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien. (3) Transfer of custody If the Federal, State, or local law enforcement entity, official, or other personnel to whom a detainer is issued complies with the detainer and detains for purposes of transfer of custody to the Department of Homeland Security the individual who is the subject of the detainer, the Department may take custody of the individual within 48 hours (excluding weekends and holidays), but in no instance more than 96 hours, following the date that the individual is otherwise to be released from the custody of the relevant Federal, State, or local law enforcement entity. . (b) Immunity (1) In general A State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section who temporarily holds an alien in its custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the Department of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining their liability and shall be held harmless for their compliance with the detainer in any suit seeking any punitive, compensatory, or other monetary damages. (2) Federal government as defendant In any civil action arising out of the compliance with a Department of Homeland Security detainer by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, the United States Government shall be the proper party named as the defendant in the suit in regard to the detention resulting from compliance with the detainer. (3) Bad faith exception Paragraphs (1) and (2) shall not apply to any mistreatment of an individual by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention.

Summary: No Sanctuary for Criminals Act of 2023 This bill addresses issues related to state and local government cooperation with federal immigration enforcement efforts. A government entity may not prohibit its personnel or another government entity from cooperating with federal immigration enforcement efforts or making inquiries about an individual's immigration status. Currently, a government entity is only barred from prohibiting the sharing of immigration-related information with the Department of Homeland Security (DHS). DHS may (1) decline to transfer a detained non-U.S. national (alien under federal law) to a noncomplying government entity even if that entity has issued a writ or warrant, and (2) issue a detainer if there is probable cause to believe that an individual arrested for any criminal or motor vehicle offense is inadmissible or deportable. DHS may not transfer an individual with a final order of removal to a noncomplying government entity. Furthermore, the bill provides legal immunity for a state or local government entity or official temporarily detaining a non-U.S. national under federal authority.