[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1842 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1842

   To ensure State and local compliance with all Federal immigration 
         detainers on aliens in custody and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2015

Mr. Sessions (for himself, Mr. Johnson, Mr. Cotton, Mr. Inhofe, and Mr. 
Cruz) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To ensure State and local compliance with all Federal immigration 
         detainers on aliens in custody and for other purposes.

    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 ``Protecting American Lives Act''.

SEC. 2. DEFINITIONS AND SEVERABILITY.

    (a) Definitions.--In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) State.--The term ``State'' has the meaning given to 
        such term in section 101(a)(36) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(36)).
    (b) Severability.--If any provision of this Act, or the application 
of such provision to any person or circumstance, is held invalid, the 
remainder of this Act, and the application of such provision to other 
persons not similarly situated or to other circumstances, shall not be 
affected by such invalidation.

SEC. 3. 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''; and
            (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 Polices.--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.''.

SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--Except as otherwise provided by Federal law or 
rule of procedure, the Secretary shall execute all lawful writs, 
process, and orders issued under the authority of the United States, 
and shall command all necessary assistance to execute the Secretary's 
duties.
    (b) State and Local Cooperation With DHS Detainers.--A State, or a 
political subdivision of a State, that has in effect a statute or 
policy or practice providing that it not comply with any Department 
detainer ordering that it temporarily hold an alien in their custody so 
that the alien may be taken into Federal custody, or transport the 
alien for transfer to Federal custody, shall not be eligible to 
receive--
            (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)) 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
            (2) any other law enforcement or Department grant.
    (c) Immunity.--A State or a political subdivision of a State acting 
in compliance with a Department detainer who temporarily holds aliens 
in its custody so that they may be taken into Federal custody, or 
transports the aliens for transfer to Federal custody, shall be 
considered to be acting under color of Federal authority for purposes 
of determining its liability, and immunity from suit, in civil actions 
brought by the aliens under Federal or State law.
    (d) Probable Cause.--It is the sense of Congress that the 
Department has probable cause to believe that an alien is inadmissible 
or deportable when it issues a detainer regarding such alien under the 
standards in place on the date of introduction of this Act.

SEC. 5. ILLEGAL REENTRY.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended--
            (1) in subsection (a), in the undesignated matter following 
        paragraph (2), by striking ``not more than 2 years,'' and 
        inserting ``not less than 5 years,''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``not less than 
                5 years and'' after ``imprisoned'';
                    (B) in paragraph (2), by inserting ``not less than 
                5 years and'' after ``imprisoned'';
                    (C) in paragraph (3), by striking ``sentence.'' and 
                inserting ``sentence;''; and
                    (D) in paragraph (4), by inserting ``not less than 
                5 years and'' after ``imprisoned for''.
                                 <all>