Title: SLAP Act of 2018
Policy area: Crime and Law Enforcement

Summary:
Stopping Lawless Actions of Politicians Act of 2018 or the SLAP Act of 2018
This bill amends the federal criminal code to make it a crime for a state or local official to knowingly release from custody an individual who is an alien subject to a detainer. It imposes criminal penalties—a fine, a prison term of up to five years, or both—on a violator.
A state or political subdivision that complies with a detainer is deemed to be an agent of the Department of Homeland Security and is authorized to take actions to comply with the detainer.
The bill limits the liability of a state or political subdivision, or an officer or employee of such state or political subdivision, for actions in compliance with the detainer.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4915 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 4915

To amend title 18, United States Code, to provide penalties for certain 
 obstructions of the enforcement of Federal immigration laws, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2018

    Mr. Rokita (for himself, Mr. Messer, Mr. Babin, and Mr. Gosar) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide penalties for certain 
 obstructions of the enforcement of Federal immigration laws, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping Lawless Actions of 
Politicians Act of 2018'' or the ``SLAP Act of 2018''.

SEC. 2. CERTAIN OBSTRUCTIONS OF ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Offense.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1522. Certain obstructions of enforcement of immigration laws
    ``Whoever, being a State or local official having custody of an 
individual, knowingly releases an alien subject to a detainer issued 
pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 
U.S.C. 1357(d)(1)), shall be fined under this title or imprisoned not 
more than five years, or both''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 is amended by adding at the end the following:

``1522. Certain obstructions of enforcement of immigration laws.''.

SEC. 3. ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS MAY 
              COOPERATE TO SAFEGUARD OUR COMMUNITIES.

    (a) Authority To Cooperate With Federal Officials.--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 Department 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) with regard to actions taken to comply with the 
        detainer, 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)--
            (1) no liability shall lie against the State or political 
        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 section 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 section may be construed 
to provide immunity to any person who knowingly violates the civil or 
constitutional rights of an individual.
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