[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5825 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5825

 To amend section 642 of the Illegal Immigration Reform and Immigrant 
 Responsibility Act of 1996 with respect to communication between law 
 enforcement agencies and the Secretary of Homeland Security about the 
                   immigration status of individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

   Mr. Brat introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 642 of the Illegal Immigration Reform and Immigrant 
 Responsibility Act of 1996 with respect to communication between law 
 enforcement agencies and the Secretary of Homeland Security about the 
                   immigration status of individuals.

    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 ``Illegal Alien Capture Notification 
Act''.

SEC. 2. INFORMATION SHARING REGARDING CRIMINAL ALIENS.

    Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking ``Immigration and Naturalization Service'' 
        each place it appears and inserting ``Department of Homeland 
        Security'';
            (2) in subsection (a), by striking ``may'' and inserting 
        ``shall'';
            (3) in subsection (b)--
                    (A) by striking ``no person or agency may'' and 
                inserting ``a person or agency shall not''; and
                    (B) by striking ``doing any of the following with 
                respect to information'' and inserting ``undertaking 
                any of the following law enforcement activities'';
            (4) by striking paragraphs (1) through (3) and inserting 
        the following:
            ``(1) Notifying the Federal Government regarding the 
        presence of inadmissible and deportable aliens who are 
        encountered by law enforcement personnel of a State or 
        political subdivision of a State.
            ``(2) Complying with requests for information from Federal 
        law enforcement.''; and
            (5) by adding at the end the following:
    ``(d) Sanctuary Policies.--Notwithstanding any other provision of 
Federal, State, or local law, a Federal, State, or local government 
entity or official shall not issue in the form of resolutions, 
ordinances, administrative actions, general or special orders, or 
departmental policies that violate Federal law or restrict a State or 
political subdivision of a State from complying with Federal law or 
coordinating with Federal law enforcement.
    ``(e) Compliance.--
            ``(1) In general.--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 a 
        political subdivision of the State, from assisting or 
        cooperating with Federal immigration law enforcement in the 
        course of carrying out the officers' routine law enforcement 
        duties 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)) or the `Cops on the Beat' program 
                under part Q of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3796dd et 
                seq.); or
                    ``(B) any other law enforcement or Department of 
                Homeland Security grant.
            ``(2) Annual determination.--
                    ``(A) Requirement.--Not later than March 1 of each 
                year, the Secretary of Homeland Security shall 
                determine which States or political subdivisions of a 
                State are not in compliance with this section and 
                report such determination to Congress.
                    ``(B) Ineligibility for financial assistance.--Any 
                jurisdiction that the Secretary determines is not in 
                compliance under subparagraph (A)--
                            ``(i) shall be ineligible to receive 
                        Federal financial assistance as provided in 
                        paragraph (1) for a minimum period of 1 year; 
                        and
                            ``(ii) shall only become eligible for such 
                        assistance after the Secretary certifies that 
                        the jurisdiction is in compliance.
            ``(3) 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 this section shall be reallocated to 
        States, or to political subdivisions of States, that comply 
        with such subsection.
    ``(f) State and Local Law Enforcement Provision of Information 
About Apprehended Aliens.--
            ``(1) Provision of information.--In compliance with this 
        section and section 434 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each 
        State, and each political subdivision of a State, shall provide 
        the Secretary of Homeland Security in a timely manner with 
        identifying information with respect to each alien in the 
        custody of the State, or a political subdivision of the State, 
        who is believed to be inadmissible or deportable.
            ``(2) Annual report on compliance.--Not later than March 1 
        of each year, the Secretary shall determine which States, or 
        the political subdivisions of States, are not in compliance 
        with this section and submit such determination to Congress.
    ``(g) Reimbursement.--The Secretary of Homeland Security shall 
reimburse States, and political subdivisions of a State, for all 
reasonable costs, as determined by the Secretary, incurred by the 
State, or the political subdivision of a State, as a result of 
providing information under subsection (f)(1).
    ``(h) Construction.--Nothing in this section shall require law 
enforcement officials of a State, or from political subdivisions of a 
State--
            ``(1) to provide the Secretary of Homeland Security with 
        information related to a victim of a crime or witness to a 
        criminal offense; or
            ``(2) to otherwise report or arrest such a victim or 
        witness.''.
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