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. 
‘‘(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: 
‘‘(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-
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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-
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 
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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 
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 
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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 
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 
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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 one year, may 
bring an action against a State or political subdivi-
sion of a State in the appropriate Federal or State 
court if the State or political subdivision released the 
alien from custody prior to the commission of such 
crime as a consequence of the State or political sub-
division’s declining to honor a detainer issued pursu-
ant to section 287(d)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(d)(1)). 
(2) LIMITATION ON BRINGING ACTION.—An ac-
tion brought under this subsection may not be 
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brought later than ten years following the occur-
rence of the crime, or death of a person as a result 
of such crime, whichever occurs later. 
(3) ATTORNEY’S FEE AND OTHER COSTS.—In 
any action or proceeding under this subsection the 
court shall allow a prevailing plaintiff a reasonable 
attorneys’ fee as part of the costs, and include ex-
pert fees as part of the attorneys’ fee. 
SEC. 4. SARAH AND GRANT’S LAW. 
(a) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
(1) CLERICAL AMENDMENTS.—(A) Section 236 
of the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by striking ‘‘Attorney General’’ 
each place it appears (except in the second place 
that term appears in section 236(a)) and inserting 
‘‘Secretary of Homeland Security’’. 
(B) Section 236(a) of such Act (8 U.S.C. 
1226(a)) is amended by inserting ‘‘the Secretary of 
Homeland Security or’’ before ‘‘the Attorney Gen-
eral—’’. 
(C) Section 236(e) of such Act (8 U.S.C. 
1226(e)) is amended by striking ‘‘Attorney Gen-
eral’s’’ and inserting ‘‘Secretary of Homeland Secu-
rity’s’’. 
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(2) LENGTH OF DETENTION.—Section 236 of 
such Act (8 U.S.C. 1226) is amended by adding at 
the end the following: 
‘‘(f) LENGTH OF DETENTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, an alien may be detained, 
and for an alien described in subsection (c) shall be 
detained, under this section without time limitation, 
except as provided in subsection (h), during the 
pendency of removal proceedings. 
‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect detention under 
section 241.’’. 
(3) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) is 
amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) by inserting after subparagraph (D) 
the following: 
‘‘(E) is unlawfully present in the United 
States and has been convicted for driving while 
intoxicated (including a conviction for driving 
while under the influence or impaired by alcohol 
or drugs) without regard to whether the convic-
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tion is classified as a misdemeanor or felony 
under State law, or 
‘‘(F)(i)(I) is inadmissible under section 
212(a)(6)(i), 
‘‘(II) is deportable by reason of a visa rev-
ocation under section 221(i), or 
‘‘(III) 
is 
deportable 
under 
section 
237(a)(1)(C)(i), and 
‘‘(ii) has been arrested or charged with a 
particularly serious crime or a crime resulting 
in the death or serious bodily injury (as defined 
in section 1365(h)(3) of title 18, United States 
Code) of another person;’’; and 
(C) by amending the matter following sub-
paragraph (F) (as added by subparagraph (B) 
of this paragraph) to read as follows: 
‘‘any time after the alien is released, without regard 
to whether an alien is released related to any activ-
ity, offense, or conviction described in this para-
graph; to whether the alien is released on parole, su-
pervised release, or probation; or to whether the 
alien may be arrested or imprisoned again for the 
same offense. If the activity described in this para-
graph does not result in the alien being taken into 
custody by any person other than the Secretary, 
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then when the alien is brought to the attention of 
the Secretary or when the Secretary determines it is 
practical to take such alien into custody, the Sec-
retary shall take such alien into custody.’’. 
(4) ADMINISTRATIVE REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226), as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE REVIEW.—The Attorney Gen-
eral’s review of the Secretary’s custody determinations 
under subsection (a) for the following classes of aliens 
shall be limited to whether the alien may be detained, re-
leased on bond (of at least $1,500 with security approved 
by the Secretary), or released with no bond: 
‘‘(1) Aliens in exclusion proceedings. 
‘‘(2) Aliens described in section 212(a)(3) or 
237(a)(4). 
‘‘(3) Aliens described in subsection (c). 
‘‘(h) RELEASE ON BOND.— 
‘‘(1) IN
GENERAL.—An alien detained under 
subsection (a) may seek release on bond. No bond 
may be granted except to an alien who establishes 
by clear and convincing evidence that the alien is not 
a flight risk or a danger to another person or the 
community. 
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‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 
detained under subsection (c) may seek release on 
bond.’’. 
(5) 
CLERICAL
AMENDMENTS.—(A) 
Section 
236(a)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik-
ing ‘‘conditional parole’’ and inserting ‘‘recog-
nizance’’. 
(B) Section 236(b) of such Act (8 U.S.C. 
1226(b)) is amended by striking ‘‘parole’’ and in-
serting ‘‘recognizance’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to any alien in detention 
under the provisions of section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226), as so amended, or 
otherwise subject to the provisions of such section, on or 
after such date. 
Æ 
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