I 
115TH CONGRESS 
2D SESSION 
H. R. 4805 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2018 
Mr. MESSER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Oversight 
and Government Reform, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To ensure that State and local law enforcement may cooper-
ate 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Federal Funding 
to Benefit Sanctuary Cities Act’’. 
SEC. 2. PROTECTING LOCAL AND FEDERAL LAW ENFORCE-
MENT OFFICERS WHO COOPERATE TO SAFE-
GUARD 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 Secu-
rity under section 236 or 287 of the Immigration and Na-
tionality Act (8 U.S.C. 1226 and 1357)— 
(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 and 1357)— 
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(1) no liability shall lie against the State or po-
litical 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 sec-
tion 1346(b) and chapter 171 of title 28, 
United States Code; 
(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 sec-
tion may be construed to provide immunity to any person 
who knowingly violates the civil or constitutional rights of 
an individual. 
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SEC. 3. SANCTUARY JURISDICTIONS INELIGIBLE FOR FED-
ERAL FUNDS. 
(a) IN GENERAL.—Beginning with fiscal year 2019, 
a sanctuary jurisdiction is ineligible to receive Federal fi-
nancial assistance (as defined in section 7501 of title 31, 
United States Code). 
(b) SANCTUARY JURISDICTION DEFINED.—For pur-
poses of this section, the term ‘‘sanctuary jurisdiction’’ 
means any State or political subdivision of a State that 
has in effect a statute, ordinance, policy, or practice that 
prohibits or restricts any government entity or official 
from— 
(1) sending, receiving, maintaining, or exchang-
ing with any Federal, State, or local government en-
tity information regarding the citizenship or immi-
gration 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 and 1357) to comply with a detainer 
for, or notify about the release of, an individual. 
(c) RETURNED AMOUNTS.— 
(1) STATE.—If a State is a sanctuary jurisdic-
tion during a period in fiscal year 2019 or thereafter 
for which it receives Federal financial assistance (as 
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defined in section 7501 of title 31, United States 
Code) from an Executive agency (as defined in sec-
tion 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 re-
ceived 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 as-
sistance (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 
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