[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6468 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6468

To prohibit any entity that receives Federal funds and does not comply 
with a lawful request for information or detainment of an alien made by 
 any officer or employee of the Federal government who is charged with 
 enforcement of the immigration laws from receiving additional funding.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2016

Mr. Harris (for himself, Mr. Perry, Mr. Davidson, Mr. Gosar, Mr. Brat, 
 Mr. Wilson of South Carolina, Mr. Webster of Florida, Mr. Babin, Mr. 
  Gohmert, Mr. Franks of Arizona, Mr. Yoho, Mr. LaMalfa, Mr. King of 
   Iowa, Mr. Roe of Tennessee, Mr. Collins of New York, Mr. Smith of 
 Texas, Mr. Duncan of South Carolina, Mr. Jody B. Hice of Georgia, Mr. 
Smith of Missouri, Mr. Walker, Mr. Chabot, Mr. Pitts, Mr. Lamborn, Mr. 
     Sanford, Mr. Conaway, Mrs. Hartzler, Mr. Allen, Mr. Kelly of 
Mississippi, Mr. Weber of Texas, Mr. Wenstrup, Mr. LaHood, Mr. Palmer, 
 Mr. Grothman, and Mr. Posey) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committees on Oversight and Government Reform, and Appropriations, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To prohibit any entity that receives Federal funds and does not comply 
with a lawful request for information or detainment of an alien made by 
 any officer or employee of the Federal government who is charged with 
 enforcement of the immigration laws from receiving additional funding.

    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 ``Federal Immigration Law Compliance 
Act of 2016'' or as the ``FILCA of 2016''.

SEC. 2. PROHIBITION ON RECEIPT OF FUNDS.

    An entity (including any university or institute of higher 
learning, State, political subdivision of a State, or other person) 
that receives Federal funds in a fiscal year and that fails to comply 
with a lawful request for information or detainment of an alien made by 
any officer or employee of the Federal government who is charged with 
enforcement of the immigration laws, may not receive additional Federal 
funds in that fiscal year or the succeeding fiscal year. Any 
unobligated Federal funds made available to a non-compliant entity are 
rescinded.

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.

SEC. 4. AUTHORIZATION TO ISSUE DETAINERS.

    In the case of an alien who is in the custody of a Federal, State, 
or local law enforcement official, the Secretary of Homeland Security 
may issue a detainer for that alien requesting that the law enforcement 
official provide all relevant information collected pertaining to the 
alien and notification of any future release of the alien, or that the 
law enforcement official continue to detain the alien until the 
Secretary may take custody of the alien. The Secretary of Homeland 
Security is authorized to request from any entity that receives Federal 
funds in a fiscal year, for purposes of enforcing the immigration laws, 
pertinent information that pertains to an alien and that is not 
otherwise precluded by law from being disclosed.
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