I 
116TH CONGRESS 
2D SESSION 
H. R. 9062 
To amend the Immigration and Nationality Act to modify provisions relating 
to assistance by States, and political subdivision of States, in the enforce-
ment of Federal immigration laws, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 31, 2020 
Mr. KING of Iowa introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to modify 
provisions relating to assistance by States, and political 
subdivision of States, in the enforcement of Federal im-
migration laws, 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’’. 
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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 (42 U.S.C. 3796dd 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 (42 U.S.C. 3750 et seq.); 
or 
‘‘(B) any other grant administered by the 
Department of Justice or the Department of 
Homeland Security that is substantially related 
to law enforcement, terrorism, national security, 
immigration, 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 
(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-
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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 
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 
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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.’’. 
(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: 
‘‘(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-
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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-
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 
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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 be compelled to hold 
the subject more than 96 hours, but may hold the 
subject up to 30 days, following.’’. 
(b) IMMUNITY.— 
(1) IN GENERAL.—A State or a political sub-
division of a State (and the officials and personnel 
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-
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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 
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-
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tracted by the State or political subdivision for the 
purpose of providing detention. 
SEC. 4. PRIVATE RIGHT OF ACTION. 
(a) CAUSE OF ACTION.—Any individual, or a spouse, 
parent, or child of that individual (if the individual is de-
ceased), 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 sen-
tenced to a term of imprisonment of at least 1 year, may 
bring an action against a State or political subdivision of 
a State in the appropriate Federal or State court— 
(1) if the State or political subdivision released 
the alien from custody prior to the commission of 
such crime, and had knowledge that the alien was 
unlawfully present in the United States; or 
(2) the crime was a consequence of the State or 
political subdivision declining to honor a detainer or 
warrant issued pursuant to section 287(d)(1) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1357(d)(1)). 
(b) APPLICATION.—Subject to subsection (c), sub-
section (a) shall apply without regard to whether the crime 
was committed before, on, or after the date of the enact-
ment of this Act. 
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(c) LIMITATION ON BRINGING ACTION.— 
(1) IN
GENERAL.—An action brought under 
this section may not be brought later than 10 years 
following the occurrence of the crime, or death of a 
person as a result of such crime, whichever occurs 
later. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to an action brought under this section based 
on a crime committed before the date of the enact-
ment of this Act. 
(d) ATTORNEY’S FEES AND OTHER COSTS.—In any 
action or proceeding under this section the court shall 
allow a prevailing plaintiff a reasonable attorneys’ fee as 
part of the costs, and include expert fees as part of the 
attorneys’ fee. 
SEC. 5. MANDATORY DETENTION OF CERTAIN ALIENS 
CHARGED WITH A CRIME RESULTING IN 
DEATH OR SERIOUS BODILY INJURY. 
Section 236(c) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraphs (A) and (B), by 
striking the comma at the end of each subpara-
graph and inserting a semicolon; 
(B) in subparagraph (C)— 
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(i) by striking ‘‘sentence’’ and insert-
ing ‘‘sentenced’’; and 
(ii) by striking ‘‘, or’’ and inserting a 
semicolon; 
(C) in subparagraph (D), by striking the 
comma at the end and inserting ‘‘; or’’; and 
(D) by inserting after subparagraph (D) 
the following: 
‘‘(E)(i)(I) was not inspected and admitted 
into the United States; 
‘‘(II) held a nonimmigrant visa (or other 
documentation authorizing admission into the 
United States as a nonimmigrant) that has 
been revoked under section 221(i); or 
‘‘(III) 
is 
described 
in 
section 
237(a)(1)(C)(i); and 
‘‘(ii) has been charged by a prosecuting au-
thority in the United States with any crime 
that resulted in the death or serious bodily in-
jury (as defined in section 1365(h)(3) of title 
18, United States Code) of another person,’’; 
and 
(2) by adding at the end the following: 
‘‘(3) NOTIFICATION REQUIREMENT.—Upon en-
countering or gaining knowledge of an alien de-
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scribed in paragraph (1), the Assistant Secretary of 
Homeland Security for Immigration and Customs 
Enforcement shall make reasonable efforts— 
‘‘(A) to obtain information from law en-
forcement agencies and from other available 
sources regarding the identity of any victims of 
the crimes for which such alien was charged or 
convicted; and 
‘‘(B) to provide the victim or, if the victim 
is deceased, a parent, guardian, spouse, or clos-
est living relative of such victim, with informa-
tion, on a timely and ongoing basis, including— 
‘‘(i) the alien’s full name, aliases, date 
of birth, and country of nationality; 
‘‘(ii) the alien’s immigration status 
and criminal history; 
‘‘(iii) the alien’s custody status and 
any changes related to the alien’s custody; 
and 
‘‘(iv) a description of any efforts by 
the United States Government to remove 
the alien from the United States.’’. 
SEC. 6. SAVINGS PROVISION. 
Nothing in this Act, or the amendments made by this 
Act, may be construed to limit the rights of crime victims 
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under any other provision of law, including section 3771 
of title 18, United States Code. 
Æ 
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