[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4805 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4805

   To ensure that State and local law enforcement may cooperate with 
Federal officials to protect our communities from violent criminals and 
suspected terrorists who are illegally present in the United States, to 
stop taxpayer dollars from flowing to jurisdictions that fail to comply 
               with Federal law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2018

  Mr. Messer introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
   Oversight and Government Reform, 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 ensure that State and local law enforcement may cooperate with 
Federal officials to protect our communities from violent criminals and 
suspected terrorists who are illegally present in the United States, to 
stop taxpayer dollars from flowing to jurisdictions that fail to comply 
               with Federal law, 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 ``No Federal Funding to Benefit 
Sanctuary Cities Act''.

SEC. 2. PROTECTING LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS WHO 
              COOPERATE TO SAFEGUARD COMMUNITIES.

    (a) In General.--A State, a political subdivision of a State, or an 
officer, employee, or agent of such State or political subdivision that 
takes action to comply 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 such actions, 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. 3. SANCTUARY JURISDICTIONS INELIGIBLE FOR FEDERAL FUNDS.

    (a) In General.--Beginning with fiscal year 2019, a sanctuary 
jurisdiction is ineligible to receive Federal financial assistance (as 
defined in section 7501 of title 31, United States Code).
    (b) Sanctuary Jurisdiction Defined.--For purposes of this section, 
the term ``sanctuary jurisdiction'' means any State or political 
subdivision of a State that has in effect a statute, ordinance, policy, 
or practice that prohibits or restricts any government entity or 
official from--
            (1) sending, receiving, maintaining, or exchanging with any 
        Federal, State, or local government entity information 
        regarding the citizenship or immigration status (lawful or 
        unlawful) of any individual; or
            (2) complying with a request lawfully made by the 
        Department of Homeland Security under section 236 or 287 of the 
        Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to 
        comply with a detainer for, or notify about the release of, an 
        individual.
    (c) Returned Amounts.--
            (1) State.--If a State is a sanctuary jurisdiction during a 
        period in fiscal year 2019 or thereafter for which it receives 
        Federal financial assistance (as defined in section 7501 of 
        title 31, United States Code) from an Executive agency (as 
        defined in section 105 of title 5, United States Code), the 
        head of such agency--
                    (A) shall direct the State immediately to return 
                any such amounts that the State received for that 
                period; and
                    (B) shall reallocate amounts returned under 
                subparagraph (A) to other States that are not sanctuary 
                jurisdictions.
            (2) Unit of general local government.--If a unit of general 
        local government is a sanctuary jurisdiction during a period in 
        fiscal year 2019 or thereafter for which it receives Federal 
        financial assistance (as defined in section 7501 of title 31, 
        United States Code) from an Executive agency (as defined in 
        section 105 of title 5, United States Code), any such amounts 
        that the unit of general local government received for that 
        period--
                    (A) in the case of a unit of general local 
                government that is not in a nonentitlement area, shall 
                be returned the head of such agency for reallocation to 
                States and other units of general local government that 
                are not sanctuary jurisdictions; and
                    (B) in the case of a unit of general local 
                government that is in a nonentitlement area, shall be 
                returned to the Governor of the State for reallocation 
                to other units of general local government in the State 
                that are not sanctuary jurisdictions.
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