Title: No Sanctuary for Criminals Act of 2019
Policy area: Immigration

Summary:
No Sanctuary for Criminals Act of 2019
This bill bars any government entity or individual from prohibiting or restricting a government entity, official, or other personnel from (1) complying with immigration laws, (2) cooperating with immigration enforcement, (3) making inquiries to an individual to obtain immigration-related information, or (4) complying with immigration-related informational inquiries from federal law enforcement entities. States or local entities that fail to comply with such a bar shall be ineligible for certain federal funds and grants for at least one year. (Such provisions expand on current provisions barring a government entity or official from prohibiting or restricting a government entity or official from exchanging certain information with federal immigration officials.)
The Department of Homeland Security (DHS) may issue a detainer as to an individual in federal or state custody if DHS has probable cause to believe the individual is an inadmissible or deportable alien. (Currently, the statute allows immigration officials to issue a detainer for an individual who has been arrested for violating a controlled substance-related law if such officials have reason to believe the individual is violating immigration laws. Current DHS policy allows for the issuance of detainers in other situations as well, though this policy has been called into question by a federal district court, and this bill would provide statutory authority for the current policy.)
A victim of a felony (or certain close relatives) for which an alien has been convicted and sentenced for at least one year may sue each state or local government entity or official if the defendant (1) refused to honor an immigration-law related detainer and released the alien from custody prior to the crime, or (2) has a policy of not complying certain immigration enforcement-related laws.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1928 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 1928

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 to impose penalties for State noncompliance with 
        enforcement of immigration law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2019

 Mr. Reschenthaler (for himself, Mr. Gaetz, Mr. Steube, and Mr. Cline) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 to impose penalties for State noncompliance with 
        enforcement of immigration law, 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 ``No Sanctuary for Criminals Act of 
2019''.

SEC. 2. STATE NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Notwithstanding any other provision of Federal, 
State, or local law, no Federal, State, or local government entity, and 
no individual, may prohibit or in any way restrict, a Federal, State, 
or local government entity, official, or other personnel from complying 
with the immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from 
assisting or cooperating with Federal law enforcement entities, 
officials, or other personnel regarding the enforcement of these 
laws.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Law Enforcement Activities.--Notwithstanding any other 
provision of Federal, State, or local law, no Federal, State, or local 
government entity, and no individual, may prohibit, or in any way 
restrict, a Federal, State, or local government entity, official, or 
other personnel from undertaking any of the following law enforcement 
activities as they relate to information regarding the citizenship or 
immigration status, lawful or unlawful, the inadmissibility or 
deportability, or the custody status, of any individual:
            ``(1) Making inquiries to any individual in order to obtain 
        such information regarding such individual or any other 
        individuals.
            ``(2) Notifying the Federal Government regarding the 
        presence of individuals who are encountered by law enforcement 
        officials or other personnel of a State or political 
        subdivision of a State.
            ``(3) Complying with requests for such information from 
        Federal law enforcement entities, officials, or other 
        personnel.'';
            (3) in subsection (c), by striking ``Immigration and 
        Naturalization Service'' and inserting ``Department of Homeland 
        Security''; and
            (4) by adding at the end the following:
    ``(d) Compliance.--
            ``(1) Eligibility for certain grant programs.--A State, or 
        a political subdivision of a State, that is found not to be in 
        compliance with subsection (a) or (b) 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)), the `Cops on the Beat' program 
                under part Q of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (34 U.S.C. 10381 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 (34 
                U.S.C. 10151 et seq.); or
                    ``(B) any other grant administered by the 
                Department of Justice that is substantially related to 
                law enforcement (including enforcement of the 
                immigration laws), immigration, enforcement of the 
                immigration laws, or naturalization or administered by 
                the Department of Homeland Security that is 
                substantially related to immigration, the enforcement 
                of the immigration laws, or naturalization.
            ``(2) Transfer of custody of aliens pending 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 subdivision 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 pursuant 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 subsection (a) or (b).
            ``(4) Annual determination.--The Secretary shall determine 
        for each calendar year which States or political subdivision of 
        States are not in compliance with subsection (a) or (b) and 
        shall report such determinations to Congress by March 1 of each 
        succeeding calendar year.
            ``(5) Reports.--The Secretary of Homeland Security shall 
        issue a report concerning the compliance with subsections (a) 
        and (b) of any particular State or political subdivision of a 
        State at the request of the House or the Senate Judiciary 
        Committee. Any jurisdiction that is found not to be in 
        compliance shall be ineligible to receive Federal financial 
        assistance as provided in paragraph (1) for a minimum period of 
        1 year, and shall only become eligible again after the 
        Secretary of Homeland Security certifies that the jurisdiction 
        has come into compliance.
            ``(6) 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 political subdivision of the 
        State to comply with subsection (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 political 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 
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, 
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 Immigration 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 alleged violation of any 
        criminal or motor vehicle law, the Secretary may issue a 
        detainer regarding the individual to any Federal, State, or 
        local law enforcement entity, official, or other personnel if 
        the Secretary has probable cause to believe that the individual 
        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 charging document has already 
                been served;
                    ``(C) the individual who is the subject of the 
                detainer has previously been ordered removed 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 provided 
                reliable evidence that indicate that they are an 
                inadmissible or deportable alien; or
                    ``(E) the Secretary otherwise has reasonable 
                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 complies 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 detainer, the 
        Department may take custody of the individual 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 subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), and a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, acting in compliance with a Department of Homeland 
        Security 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 Homeland Security, shall be considered to 
        be acting under color of Federal authority for purposes of 
        determining their liability and shall be held harmless for 
        their compliance with the detainer in any suit seeking 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 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        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 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) 
        contracted 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 individual 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 1 year, may bring an action against a 
        State or political subdivision of a State or public official 
        acting in an official capacity in the appropriate Federal court 
        if the State or political subdivision, except as provided in 
        paragraph (3)--
                    (A) released the alien from custody prior to the 
                commission of such crime as a consequence of the State 
                or political subdivision's declining to honor a 
                detainer issued pursuant to section 287(d)(1) of the 
                Immigration and Nationality Act (8 U.S.C. 1357(d)(1));
                    (B) has in effect a statute, policy, or practice 
                not in compliance with section 642 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1373) as amended, and as a consequence 
                of its statute, policy, or practice, released the alien 
                from custody prior to the commission of such crime; or
                    (C) has in effect a statute, policy, or practice 
                requiring a subordinate political subdivision to 
                decline to honor any or all detainers issued pursuant 
                to section 287(d)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1357(d)(1)), and, as a consequence of its 
                statute, policy or practice, the subordinate political 
                subdivision declined to honor a detainer issued 
                pursuant to such section, and as a consequence released 
                the alien from custody prior to the commission of such 
                crime.
            (2) Limitations on bringing action.--An action may not be 
        brought under this subsection later than 10 years following the 
        occurrence of the crime, or death of a person as a result of 
        such crime, whichever occurs later.
            (3) Proper defendant.--If a political subdivision of a 
        State declines to honor a detainer issued pursuant to section 
        287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1357(d)) as a consequence of the State or another political 
        subdivision with jurisdiction over the subdivision prohibiting 
        the subdivision through a statute or other legal requirement of 
        the State or other political subdivision--
                    (A) from honoring the detainer; or
                    (B) fully complying with section 642 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1373),
        and, as a consequence of the statute or other legal requirement 
        of the State or other political subdivision, the subdivision 
        released the alien referred to in paragraph (1) from custody 
        prior to the commission of the crime referred to in that 
        paragraph, the State or other political subdivision that 
        enacted the statute or other legal requirement, shall be deemed 
        to be the proper defendant in a cause of action under this 
        subsection, and no such cause of action may be maintained 
        against the political subdivision which declined to honor the 
        detainer.
            (4) 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 expert fees as part of the attorney's fee.
    (d) Eligibility for Certain Grant Programs.--
            (1) In general.--Except as provided in paragraph (2), a 
        State or political subdivision of a State that has in effect a 
        statute, policy or practice providing that it not comply with 
        any or all Department of Homeland Security detainers issued 
        pursuant to section 287(d)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1357(d)) 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)), the ``Cops on the Beat'' program 
                under part Q of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (34 U.S.C. 10301 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 (34 
                U.S.C. 10151 et seq.); or
                    (B) any other grant administered by the Department 
                of Justice that is substantially related to law 
                enforcement (including enforcement of the immigration 
                laws), immigration, or naturalization or grant 
                administered by the Department of Homeland Security 
                that is substantially related to immigration, 
                enforcement of the immigration laws, or naturalization.
            (2) Exception.--A political subdivision described in 
        subsection (c)(3) that declines to honor a detainer issued 
        pursuant to section 287(d)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1357(d)(1)) as a consequence of being 
        required to comply with a statute or other legal requirement of 
        a State or another political subdivision with jurisdiction over 
        that political subdivision, shall remain eligible to receive 
        grant funds described in paragraph (1). In the case described 
        in the previous sentence, the State or political subdivision 
        that enacted the statute or other legal requirement shall not 
        be eligible to receive such funds.
                                 <all>