I 
116TH CONGRESS 
1ST SESSION H. R. 3964 
To provide a civil remedy for individuals harmed by sanctuary jurisdiction 
policies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2019 
Mr. BUDD (for himself and Mr. BYRNE) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committees on Transportation and Infrastructure, and Financial Serv-
ices, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To provide a civil remedy for individuals harmed by 
sanctuary jurisdiction policies, 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 ‘‘Justice for Victims 
of Sanctuary Cities Act of 2019’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) SANCTUARY JURISDICTION.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘sanctuary juris-
diction’’ means any State or political subdivi-
sion of a State that has in effect a statute, ordi-
nance, policy, or practice that prohibits or re-
stricts any government entity or official from— 
(i) sending, receiving, maintaining, or 
exchanging with any Federal, State, or 
local government entity information re-
garding the citizenship or immigration sta-
tus of any alien; or 
(ii) complying with a request lawfully 
made by the Department of Homeland Se-
curity under section 236 or 287 of the Im-
migration and Nationality Act (8 U.S.C. 
1226 and 1357) to comply with a detainer 
for, or notify about the release of, an alien. 
(B) EXCEPTION.—A State or political sub-
division of a State shall not be deemed a sanc-
tuary jurisdiction based solely on having a pol-
icy whereby its officials will not share informa-
tion regarding, or comply with a request made 
by the Department of Homeland Security under 
section 236 or 287 of the Immigration and Na-
tionality Act (8 U.S.C. 1226 and 1357) to com-
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ply with a detainer regarding, an alien who 
comes forward as a victim or a witness to a 
criminal offense. 
(2) SANCTUARY POLICY.—The term ‘‘sanctuary 
policy’’ means a statute, ordinance, policy, or prac-
tice referred to in paragraph (1)(A). 
(3) SANCTUARY-RELATED CIVIL ACTION.—The 
term ‘‘sanctuary-related civil action’’ means a civil 
action brought against a sanctuary jurisdiction by 
an individual (or the estate, survivors, or heirs of an 
individual) who— 
(A) is injured or harmed by an alien who 
benefitted from a sanctuary policy of the sanc-
tuary jurisdiction; and 
(B) would not have been so injured or 
harmed but for the alien receiving the benefit of 
such sanctuary policy. 
SEC. 3. CIVIL ACTION FOR HARM BY AN ALIEN THAT BENE-
FITTED FROM A SANCTUARY POLICY. 
(a) PRIVATE RIGHT OF ACTION.— 
(1) CAUSE OF ACTION.—Any individual, or a 
spouse, parent, or child of such individual (if the in-
dividual is deceased or permanently incapacitated), 
who is the victim of a murder, rape, or any felony 
(as defined by the State) for which an alien (as de-
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fined in section 101(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(3))) has been ar-
rested, convicted, or sentenced to a term of impris-
onment of at least 1 year, may bring an action for 
compensatory damages against a State or a political 
subdivision of a State in the appropriate Federal or 
State court if the State or political subdivision failed 
to comply with— 
(A) a request with respect to an alien that 
was lawfully made by the Department of Home-
land Security under section 236 or 287 of the 
Immigration and Nationality Act (8 U.S.C. 
1226 and 1357); and 
(B) a detainer for, or notify about the re-
lease of, the alien. 
(2) STATUTE
OF
LIMITATIONS.—An action 
brought under this subsection may not be brought 
later than 10 years after the occurrence 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 
attorney’s fee as part of the costs, and include ex-
pert fees as part of the attorney’s fee. 
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(b) WAIVER OF IMMUNITY.— 
(1) IN GENERAL.—Any State or political sub-
division of a State that accepts a grant described in 
paragraph (2) from the Federal Government shall 
agree, as a condition of receiving such grant, to 
waive any immunity of such State or political sub-
division relating to a sanctuary-related civil action. 
(2) GRANTS DESCRIBED.—The grants described 
in this paragraph are— 
(A) a grant for public works and economic 
development under section 201(a) of the Public 
Works and Economic Development Act of 1965 
(42 U.S.C. 3141(a)); 
(B) a grant for planning and administra-
tive expenses under section 203(a) of such Act 
(42 U.S.C. 3143(a)); 
(C) a supplemental grant under section 
205(b) of such Act (42 U.S.C. 3145(b)); 
(D) a grant for training, research, and 
technical assistance under section 207(a) of 
such Act (42 U.S.C. 3147(a)); and 
(E) except as provided in paragraph (3), a 
community development block grant made pur-
suant to title I of the Housing and Community 
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Development Act of 1974 (42 U.S.C. 5301 et 
seq.). 
(3) EXCEPTION.—Grants described in para-
graph (2)(E) shall not include any disaster relief 
grants to address the damage in an area for which 
the President has declared a disaster under title IV 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170 et seq.). 
SEC. 4. ENSURING COOPERATION BETWEEN FEDERAL AND 
LOCAL LAW ENFORCEMENT OFFICERS TO 
SAFEGUARD OUR COMMUNITIES. 
(a) AUTHORITY TO COOPERATE WITH FEDERAL OF-
FICIALS.—A State, a political subdivision of a State, or 
an officer, employee, or agent of such State or political 
subdivision that complies with a detainer issued by the De-
partment of Homeland Security under section 236 or 287 
of the Immigration and Nationality 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) shall comply with section 287(d) of the Im-
migration and Nationality Act (8 U.S.C. 1357(d)) 
and section 287.5(d) of title 8, Code of Federal Reg-
ulations. 
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(b) LEGAL PROCEEDINGS.—In any legal proceeding 
brought against a State, a political subdivision of State, 
or an officer, employee, or agent of such State or political 
subdivision challenging the legality of the seizure or deten-
tion 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)— 
(1) the State or political subdivision of a State 
shall not be liable for any action taken in accordance 
with the detainer; and 
(2) if the actions of the officer, employee, or 
agent of the State or political subdivision were taken 
in accordance 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) of title 28, United States 
Code, and chapter 171 of such title; 
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(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. 
Æ 
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