I 
116TH CONGRESS 
1ST SESSION H. R. 1928 
To amend the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 to impose penalties for State noncompliance with enforce-
ment of immigration law, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2019 
Mr. RESCHENTHALER (for himself, Mr. GAETZ, Mr. STEUBE, and Mr. CLINE) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To amend the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to impose penalties for State 
noncompliance with enforcement of immigration law, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Sanctuary for 
Criminals Act of 2019’’. 
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SEC. 2. STATE NONCOMPLIANCE WITH ENFORCEMENT OF 
IMMIGRATION LAW. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision 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 govern-
ment 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))), or from assisting or cooperating 
with Federal law enforcement entities, officials, or other 
personnel regarding the enforcement of these laws.’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) LAW
ENFORCEMENT
ACTIVITIES.—Notwith-
standing 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 per-
sonnel from undertaking any of the following law enforce-
ment activities as they relate to information regarding the 
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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 regard-
ing 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 informa-
tion from Federal law enforcement entities, officials, 
or other personnel.’’; 
(3) in subsection (c), by striking ‘‘Immigration 
and Naturalization Service’’ and inserting ‘‘Depart-
ment of Homeland Security’’; and 
(4) by adding at the end the following: 
‘‘(d) COMPLIANCE.— 
‘‘(1) ELIGIBILITY
FOR
CERTAIN
GRANT
PRO-
GRAMS.—A State, or a political subdivision of a 
State, that is found not to be in compliance with 
subsection (a) or (b) shall not be eligible to receive— 
‘‘(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
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Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 
on the Beat’ program under part Q of title I of 
the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10381 et seq.), or the 
Edward Byrne Memorial Justice Assistance 
Grant Program under subpart 1 of part E of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.); 
or 
‘‘(B) any other grant administered by the 
Department of Justice that is substantially re-
lated to law enforcement (including enforcement 
of the immigration laws), immigration, enforce-
ment of the immigration laws, or naturalization 
or administered by the Department of Home-
land Security that is substantially related to im-
migration, the enforcement of the immigration 
laws, or naturalization. 
‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND-
ING 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 
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(b), regardless of whether the State or political sub-
division of the State has issued a writ or warrant. 
‘‘(3) TRANSFER
OF
CUSTODY
OF
CERTAIN 
ALIENS
PROHIBITED.—The Secretary shall not 
transfer an alien with a final order of removal pur-
suant to paragraph (1)(A) or (5) of section 241(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) to a State or a political subdivision of a 
State that is found not to be in compliance with sub-
section (a) or (b). 
‘‘(4) ANNUAL DETERMINATION.—The Secretary 
shall determine for each calendar year which States 
or political subdivision of States are not in compli-
ance with subsection (a) or (b) and shall report such 
determinations to Congress by March 1 of each suc-
ceeding calendar year. 
‘‘(5) REPORTS.—The Secretary of Homeland 
Security shall issue a report concerning the compli-
ance with subsections (a) and (b) of any particular 
State or political subdivision of a State at the re-
quest of the House or the Senate Judiciary Com-
mittee. Any jurisdiction that is found not to be in 
compliance shall be ineligible to receive Federal fi-
nancial assistance as provided in paragraph (1) for 
a minimum period of 1 year, and shall only become 
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eligible again after the Secretary of Homeland Secu-
rity certifies that the jurisdiction has come into com-
pliance. 
‘‘(6) REALLOCATION.—Any funds that are not 
allocated to a State or to a political subdivision of 
a State due to the failure of the State or of the po-
litical subdivision of the State to comply with sub-
section (a) or (b) shall be reallocated to States or to 
political subdivisions of States that comply with both 
such subsections. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical 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 Responsi-
bility Act of 1996 (8 U.S.C. 1373), as added by this sec-
tion, shall apply only to prohibited acts committed on or 
after the date of the enactment of this Act. 
SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 
(a) IN GENERAL.—Section 287(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)) is amended 
to read as follows: 
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‘‘(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 al-
leged violation of any criminal or motor vehicle law, 
the Secretary may issue a detainer regarding the in-
dividual to any Federal, State, or local law enforce-
ment entity, official, or other personnel if the Sec-
retary has probable cause to believe that the indi-
vidual 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 charg-
ing document has already been served; 
‘‘(C) the individual who is the subject of 
the detainer has previously been ordered re-
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moved 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 reason-
able 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 com-
plies 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 de-
tainer, the Department may take custody of the in-
dividual 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 sub-
division of a State (and the officials and personnel 
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of the State or subdivision acting in their official ca-
pacities), and a nongovernmental entity (and its per-
sonnel) contracted by the State or political subdivi-
sion for the purpose of providing detention, acting in 
compliance with a Department of Homeland Secu-
rity 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 Home-
land Security, shall be considered to be acting under 
color of Federal authority for purposes of deter-
mining their liability and shall be held harmless for 
their compliance with the detainer in any suit seek-
ing 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 nongovern-
mental entity (and its personnel) contracted by the 
State or political subdivision for the purpose of pro-
viding detention, the United States Government 
shall be the proper party named as the defendant in 
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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) con-
tracted by the State or political subdivision for the 
purpose of providing detention. 
(c) PRIVATE RIGHT OF ACTION.— 
(1) CAUSE OF ACTION.—Any individual, or a 
spouse, parent, or child of that individual (if the in-
dividual is deceased), who is the victim of a murder, 
rape, or any felony, as defined by the State, for 
which an alien (as defined in section 101(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3))) has been convicted and sentenced to a 
term of imprisonment of at least 1 year, may bring 
an action against a State or political subdivision of 
a State or public official acting in an official capac-
ity in the appropriate Federal court if the State or 
political subdivision, except as provided in paragraph 
(3)— 
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(A) released the alien from custody prior 
to the commission of such crime as a con-
sequence of the State or political subdivision’s 
declining to honor a detainer issued pursuant to 
section 287(d)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(d)(1)); 
(B) has in effect a statute, policy, or prac-
tice not in compliance with section 642 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373) as 
amended, and as a consequence of its statute, 
policy, or practice, released the alien from cus-
tody prior to the commission of such crime; or 
(C) has in effect a statute, policy, or prac-
tice requiring a subordinate political subdivision 
to decline to honor any or all detainers issued 
pursuant to section 287(d)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)(1)), 
and, as a consequence of its statute, policy or 
practice, the subordinate political subdivision 
declined to honor a detainer issued pursuant to 
such section, and as a consequence released the 
alien from custody prior to the commission of 
such crime. 
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(2) LIMITATIONS
ON
BRINGING
ACTION.—An 
action may not be brought under this subsection 
later than 10 years following the occurrence of the 
crime, or death of a person as a result of such 
crime, whichever occurs later. 
(3) PROPER DEFENDANT.—If a political sub-
division of a State declines to honor a detainer 
issued pursuant to section 287(d)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1357(d)) as 
a consequence of the State or another political sub-
division with jurisdiction over the subdivision prohib-
iting the subdivision through a statute or other legal 
requirement of the State or other political subdivi-
sion— 
(A) from honoring the detainer; or 
(B) fully complying with section 642 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373), 
and, as a consequence of the statute or other legal 
requirement of the State or other political subdivi-
sion, the subdivision released the alien referred to in 
paragraph (1) from custody prior to the commission 
of the crime referred to in that paragraph, the State 
or other political subdivision that enacted the statute 
or other legal requirement, shall be deemed to be the 
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proper defendant in a cause of action under this 
subsection, and no such cause of action may be 
maintained against the political subdivision which 
declined to honor the detainer. 
(4) ATTORNEY’S FEE AND OTHER COSTS.—In 
any action or proceeding under this subsection the 
court shall allow a prevailing plaintiff a reasonable 
attorney’s fee as part of the costs, and include ex-
pert fees as part of the attorney’s fee. 
(d) ELIGIBILITY FOR CERTAIN GRANT PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a State or political subdivision of a State 
that has in effect a statute, policy or practice pro-
viding that it not comply with any or all Department 
of Homeland Security detainers issued pursuant to 
section 287(d)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1357(d)) shall not be eligible to 
receive— 
(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)), the ‘‘Cops 
on the Beat’’ program under part Q of title I 
of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10301 et seq.), or the 
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Edward Byrne Memorial Justice Assistance 
Grant Program under subpart 1 of part E of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.); 
or 
(B) any other grant administered by the 
Department of Justice that is substantially re-
lated to law enforcement (including enforcement 
of the immigration laws), immigration, or natu-
ralization or grant administered by the Depart-
ment of Homeland Security that is substantially 
related to immigration, enforcement of the im-
migration laws, or naturalization. 
(2) EXCEPTION.—A political subdivision de-
scribed in subsection (c)(3) that declines to honor a 
detainer issued pursuant to section 287(d)(1) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1357(d)(1)) as a consequence of being required to 
comply with a statute or other legal requirement of 
a State or another political subdivision with jurisdic-
tion over that political subdivision, shall remain eli-
gible to receive grant funds described in paragraph 
(1). In the case described in the previous sentence, 
the State or political subdivision that enacted the 
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statute or other legal requirement shall not be eligi-
ble to receive such funds. 
Æ 
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