Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015

Bill: 114-s-1812
Sponsor: full_name: Sen. Grassley, Chuck [R-IA]
Introduced: 2015-07-21
Policy area: Immigration
Subjects: Border security and unlawful immigration

Criminal procedure and sentencing

Detention of persons

Government information and archives

Law enforcement administration and funding

State and local government operations
Latest action: action_date: 2015-07-21
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-07-21
action_desc: Introduced in Senate
text: <p><strong>Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015</strong></p> <p>This bill prohibits a jurisdiction from receiving any of the funding specified in this Act if it does not cooperate with federal officials regarding criminal aliens or other aliens deemed to be a removal priority by the Department of Homeland Security (DHS), including by refusing to: (1) detain or transfer custody of such aliens pursuant to detainers placed upon them; or (2) notify a federal law enforcement agency, upon request, of their release. </p> <p>Such funding consists of: </p> <ul> <li>incarceration reimbursement funds under the Immigration and Nationality Act, </li> <li>grant funding under the Second Chance Act of 2007, and </li> <li>any other law enforcement related grants or contracts awarded by DHS or the Department of Justice (DOJ).</li> </ul> <p>A jurisdiction shall become eligible to receive such funds, grants, or contracts after DHS certifies that: </p> <ul> <li>the jurisdiction no longer fails to cooperate with federal officials regarding detentions, transfers, and notifications; and </li> <li>the statute, policy, or practice of that state or local government prohibiting law enforcement officers from assisting or cooperating with federal immigration law enforcement regarding criminal aliens has been repealed, rescinded, or terminated. </li> </ul> <p>Withheld funds shall be reallocated equally among: </p> <ul> <li>states and local governments which cooperate with federal officials regarding detentions, transfers, and notifications, and apply to the appropriate Department for such funds; and </li> <li>any statutorily authorized federal grant program designed to protect victims of violence.</li> </ul> <p>DHS and DOJ shall publish jointly on their websites: (1) a list of sanctuary jurisdictions, and (2) a list of jurisdictions that do not grant federal immigration law enforcement officers regular access to jails or detention facilities. </p> <p>The Immigration and Nationality Act is amended to increase the penalty for reentry by a removed alien.</p> <p>Nothing in this Act may be construed to: (1) require law enforcement officials of a state or a local government to report or arrest victims or witnesses of a criminal offense, or (2) limit the ability of state and local law enforcement to cooperate with federal immigration law enforcement with regard to aliens who are not criminal aliens.</p>

tv_txt: II 114th CONGRESS 1st Session S. 1812 IN THE SENATE OF THE UNITED STATES July 21, 2015 Mr. Grassley (for himself, Mr. Barrasso , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect public safety by incentivizing State and local law enforcement to cooperate with Federal immigration law enforcement to prevent the release of criminal aliens into communities.

1. Short title This Act may be cited as the Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015 . 2. Definitions For purposes of this Act: (1) Criminal alien The term criminal alien means any alien who— (A) was arrested, charged, or convicted of an offense described in section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ); (B) is described in paragraph (2), (3), (9)(A), (9)(C)(i)(II), or (10)(C) of section 212(a) of such Act ( 8 U.S.C. 1182(a) ); (C) is removable under paragraph (2) or (4) of section 237(a) of such Act ( 8 U.S.C. 1227(a) ); (D) is described in section 276 of such Act ( 8 U.S.C. 1326 ); or (E) was arrested, charged, or convicted of any felony or misdemeanor offense relating to driving under the influence of alcohol or drugs. (2) Sanctuary jurisdiction The term sanctuary jurisdiction means a State or a political subdivision of a State that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of the political subdivision, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ routine law enforcement duties. 3. Limits on Federal funding for State and local jurisdictions (a) In general A jurisdiction may not receive any of the funding described in subsection (b) if the jurisdiction does not cooperate with Federal officials with respect to criminal aliens or other aliens deemed to be a priority for removal by the Secretary of Homeland Security, including by refusing— (1) to detain or transfer custody of such aliens pursuant to detainers placed upon such aliens; or (2) to notify a Federal law enforcement agency, upon request, of the release of such aliens. (b) Restricted funding The funding described in this subsection consists of— (1) 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) ); (2) any grant funding authorized under the Second Chance Act of 2007 ( Public Law 110–199 ); and (3) any other law enforcement related grants or contracts awarded by the Department of Homeland Security or Department of Justice, which may be designated by the relevant Secretary or the Attorney General. (c) Termination of ineligibility A jurisdiction shall become eligible to receive funds, grants, or contracts described in subsection (b) after the Secretary of Homeland Security, in consultation with the Attorney General, certifies that— (1) the jurisdiction no longer fails to cooperate with Federal officials regarding detentions, transfers, and notifications described in subsection (a); and (2) the statute, policy, or practice of that State or political subdivision prohibiting law enforcement officers from assisting or cooperating with Federal immigration law enforcement with respect to criminal aliens has been repealed, rescinded, or terminated. (d) Reallocation Any funds that are withheld from a jurisdiction pursuant to this section shall be reallocated by the Secretary of Homeland Security or by the Attorney General, in consultation with each other, equally among— (1) States and political subdivisions of States, which— (A) cooperate with Federal officials regarding the detentions, transfers, and notifications described subsection (a); and (B) submit an application to the appropriate Department for such unobligated funds; and (2) any statutorily authorized Federal grant program designed to protect victims of violence. 4. Transparency and accountability (a) Annual publication Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security and the Attorney General shall jointly publish, on the websites of their respective departments— (1) a list of sanctuary jurisdictions; and (2) a list of jurisdictions that do not grant Federal immigration law enforcement officers regular access to jails or detention facilities. (b) Public disclosure of detainers or requests for notification Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Homeland Security shall publish, on the website of the Department of Homeland Security— (1) the total number of detainers and requests for notification of the release of any alien that has been issued to each State or political subdivision; and (2) the number of such detainers, and requests for notification that have been ignored or otherwise not honored. 5. Increase in penalty for reentry by removed alien Section 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1326(a) ) is amended, in the undesignated matter following paragraph (2)(B), by striking shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both and inserting shall be imprisoned for not less than 5 years and may also be fined under title 18, United States Code . 6. Savings provisions Nothing in this Act may be construed— (1) to require law enforcement officials of a State or a political subdivision of a State to report or arrest victims or witnesses of a criminal offense; or (2) to limit the ability of State and local law enforcement to cooperate with Federal immigration law enforcement with regard to aliens who are not criminal aliens.