[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1812 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1812
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.
_______________________________________________________________________
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.
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 ``Improving Cooperation with States
and Local Governments and Preventing the Catch and Release of Criminal
Aliens Act of 2015''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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''.
SEC. 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.
<all>