I 
114TH CONGRESS 
2D SESSION 
H. R. 5825 
To amend section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 with respect to communication between law 
enforcement agencies and the Secretary of Homeland Security about 
the immigration status of individuals. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Mr. BRAT introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend section 642 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 with respect 
to communication between law enforcement agencies and 
the Secretary of Homeland Security about the immigra-
tion status of individuals. 
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 ‘‘Illegal Alien Capture 
Notification Act’’. 
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SEC. 2. INFORMATION SHARING REGARDING CRIMINAL 
ALIENS. 
Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is 
amended— 
(1) by striking ‘‘Immigration and Naturaliza-
tion Service’’ each place it appears and inserting 
‘‘Department of Homeland Security’’; 
(2) in subsection (a), by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(3) in subsection (b)— 
(A) by striking ‘‘no person or agency may’’ 
and inserting ‘‘a person or agency shall not’’; 
and 
(B) by striking ‘‘doing any of the following 
with respect to information’’ and inserting ‘‘un-
dertaking any of the following law enforcement 
activities’’; 
(4) by striking paragraphs (1) through (3) and 
inserting the following: 
‘‘(1) Notifying the Federal Government regard-
ing the presence of inadmissible and deportable 
aliens who are encountered by law enforcement per-
sonnel of a State or political subdivision of a State. 
‘‘(2) Complying with requests for information 
from Federal law enforcement.’’; and 
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(5) by adding at the end the following: 
‘‘(d) SANCTUARY POLICIES.—Notwithstanding any 
other provision of Federal, State, or local law, a Federal, 
State, or local government entity or official shall not issue 
in the form of resolutions, ordinances, administrative ac-
tions, general or special orders, or departmental policies 
that violate Federal law or restrict a State or political sub-
division of a State from complying with Federal law or 
coordinating with Federal law enforcement. 
‘‘(e) COMPLIANCE.— 
‘‘(1) IN GENERAL.—A State, or a political sub-
division of a State, that has in effect a statute, pol-
icy, or practice that prohibits law enforcement offi-
cers of the State, or of a political subdivision of the 
State, from assisting or cooperating with Federal 
immigration law enforcement in the course of car-
rying out the officers’ routine law enforcement du-
ties 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)) or 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 
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‘‘(B) any other law enforcement or Depart-
ment of Homeland Security grant. 
‘‘(2) ANNUAL DETERMINATION.— 
‘‘(A) 
REQUIREMENT.—Not 
later 
than 
March 1 of each year, the Secretary of Home-
land Security shall determine which States or 
political subdivisions of a State are not in com-
pliance with this section and report such deter-
mination to Congress. 
‘‘(B) INELIGIBILITY
FOR
FINANCIAL
AS-
SISTANCE.—Any jurisdiction that the Secretary 
determines is not in compliance under subpara-
graph (A)— 
‘‘(i) shall be ineligible to receive Fed-
eral financial assistance as provided in 
paragraph (1) for a minimum period of 1 
year; and 
‘‘(ii) shall only become eligible for 
such assistance after the Secretary certifies 
that the jurisdiction is in compliance. 
‘‘(3) 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 this 
section shall be reallocated to States, or to political 
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subdivisions of States, that comply with such sub-
section. 
‘‘(f) STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION OF INFORMATION ABOUT APPREHENDED ALIENS.— 
‘‘(1) PROVISION OF INFORMATION.—In compli-
ance with this section and section 434 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1644), each State, 
and each political subdivision of a State, shall pro-
vide the Secretary of Homeland Security in a timely 
manner with identifying information with respect to 
each alien in the custody of the State, or a political 
subdivision of the State, who is believed to be inad-
missible or deportable. 
‘‘(2) ANNUAL REPORT ON COMPLIANCE.—Not 
later than March 1 of each year, the Secretary shall 
determine which States, or the political subdivisions 
of States, are not in compliance with this section 
and submit such determination to Congress. 
‘‘(g) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse States, and political subdivisions 
of a State, for all reasonable costs, as determined by the 
Secretary, incurred by the State, or the political subdivi-
sion of a State, as a result of providing information under 
subsection (f)(1). 
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‘‘(h) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials of a State, or from polit-
ical subdivisions of a State— 
‘‘(1) to provide the Secretary of Homeland Se-
curity with information related to a victim of a 
crime or witness to a criminal offense; or 
‘‘(2) to otherwise report or arrest such a victim 
or witness.’’. 
Æ 
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