HR1680-119

2. Purpose Given recent infiltration of American communities by transnational criminal organizations such as Tren de Aragua, the Sinaloa Cartel, and MS–13 and the accompanying rise in crime that continue to impact American neighborhoods, the purposes of this act is to require law enforcement and other public servants in sanctuary jurisdictions to fully cooperate with the Departments of Justice and Homeland Security to protect American citizens and mitigate the flow of opioids, fentanyl, and other illicit drugs.

3. Noncompliance with enforcement of immigration law in sanctuary jurisdictions Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended— by amending subsection (a) to read as follows: 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 and policies of the United States or from assisting or cooperating with Federal law enforcement entities, officials, or other personnel regarding the enforcement of the immigration laws. by amending subsection (b) to read as follows: 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 with respect to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status, of any individual: Making inquiries to any individual in order to obtain such information regarding such individual or any other individuals reasonably suspected of being involved in a crime. Notifying the Federal Government regarding the presence of individuals reasonably suspected of being involved in a crime who are encountered by law enforcement officials or other personnel of a State or political subdivision of a State. Complying with requests for such information from Federal law enforcement entities, officials, or other personnel. in subsection (c), by striking Immigration and Naturalization Service and inserting Department of Homeland Security; by adding at the end the following: Not withstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may in any way restrict a Federal, State, or local government entity, official, or other personnel from— entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity; paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity; or receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity. Any local government entity alleging a violation of subsection (a), (b), or (d) by the State in which the entity is located that harms such entity or its residents shall have standing to bring an action against the respective State on behalf of such entity or the residents of such entity in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, local government entity or its residents shall be considered to have been harmed if the entity or any of its residents experience harm, including financial harm in excess of $100. The Secretary of Homeland Security shall determine, for each calendar year, which States or local government entities are not in compliance with subsection (a) or (b) or (d) and shall report such determinations to Congress by March 1 of each succeeding calendar year. The Secretary shall issue a report concerning the compliance with subsections (a) and (b) of any particular State or local government entity at the request of the Committee on the Judiciary of the House of Representatives or the Committee on the Judiciary of the Senate. Nothing in this section shall require law enforcement officials from States, or from local government entities, to report or arrest victims of or witnesses to a criminal offense. (a)In generalNotwithstanding 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 and policies of the United States or from assisting or cooperating with Federal law enforcement entities, officials, or other personnel regarding the enforcement of the immigration laws.; (b)Law enforcement activitiesNotwithstanding 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 with respect 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 reasonably suspected of being involved in a crime. (2)Notifying the Federal Government regarding the presence of individuals reasonably suspected of being involved in a crime 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.; (d)Government Involvement in Immigration DetentionNot withstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may in any way restrict a Federal, State, or local government entity, official, or other personnel from—(1)entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity;(2)selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity;(3)paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity; or (4)receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity.(e)Standing for local jurisdictions To seek injunctive reliefAny local government entity alleging a violation of subsection (a), (b), or (d) by the State in which the entity is located that harms such entity or its residents shall have standing to bring an action against the respective State on behalf of such entity or the residents of such entity in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, local government entity or its residents shall be considered to have been harmed if the entity or any of its residents experience harm, including financial harm in excess of $100. (f)Compliance(1)Annual determinationThe Secretary of Homeland Security shall determine, for each calendar year, which States or local government entities are not in compliance with subsection (a) or (b) or (d) and shall report such determinations to Congress by March 1 of each succeeding calendar year.(2)ReportsThe Secretary shall issue a report concerning the compliance with subsections (a) and (b) of any particular State or local government entity at the request of the Committee on the Judiciary of the House of Representatives or the Committee on the Judiciary of the Senate.(g)ConstructionNothing in this section shall require law enforcement officials from States, or from local government entities, to report or arrest victims of or witnesses to a criminal offense..

4. Clarifying the authority of ice detainers Section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)) is amended to read as follows: 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. The Secretary may establish proabable cause if— 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; 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; 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; 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 the Secretary otherwise has probable cause to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien. 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 the individual who is the subject of the detainer for purposes of transfer of custody to the Department of Homeland Security, 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. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: 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 subsection (d), that temporarily holds an alien in its custody pursuant to the terms of such 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 the liability, and immunity from suit, of the State or political subdivision of a State in a civil action brought under Federal or State law and shall not be liable for their compliance with the detainer in any suit seeking any punitive, compensatory, or other monetary damages. In any civil action described in paragraph (1), the United States shall be the proper party named as the defendant in the action. 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. 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, under State or Federal law, for which an alien 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 in the appropriate Federal or State court if the State or political subdivision 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 subsection (d). An action brought under this subsection may not be brought later than 10 years following the date on which the crime was committed, or the date on which the victim died as a result of such crime, whichever occurs later. In any action under this subsection the court shall award a prevailing plaintiff a reasonable attorneys’ fee as part of the costs, and include expert fees as part of the attorneys’ fee. (d)Detainer of inadmissible or deportable aliens(1)In generalIn 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 causeThe Secretary may establish proabable cause 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 probable cause to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien.(3)Transfer of custodyIf the Federal, State, or local law enforcement entity, official, or other personnel to whom a detainer is issued complies with the detainer and detains the individual who is the subject of the detainer for purposes of transfer of custody to the Department of Homeland Security, 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.. (i)Immunity(1)In generalA 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 subsection (d), that temporarily holds an alien in its custody pursuant to the terms of such 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 the liability, and immunity from suit, of the State or political subdivision of a State in a civil action brought under Federal or State law and shall not be liable for their compliance with the detainer in any suit seeking any punitive, compensatory, or other monetary damages. (2)Federal government as defendantIn any civil action described in paragraph (1), the United States shall be the proper party named as the defendant in the action.(3)Bad faith exceptionParagraphs (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. (j)Private right of action(1)Cause of actionAny 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, under State or Federal law, for which an alien 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 in the appropriate Federal or State court if the State or political subdivision 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 subsection (d).(2)Limitation on bringing actionAn action brought under this subsection may not be brought later than 10 years following the date on which the crime was committed, or the date on which the victim died as a result of such crime, whichever occurs later.(3)Attorneys’ fee and other costsIn any action under this subsection the court shall award a prevailing plaintiff a reasonable attorneys’ fee as part of the costs, and include expert fees as part of the attorneys’ fee..