[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1039 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1039

 To indemnify local law enforcement entities for complying with valid 
               detainers issued by immigration officers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2017

 Mr. Flake (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To indemnify local law enforcement entities for complying with valid 
               detainers issued by immigration officers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STATEMENT OF PURPOSE.

    The purpose of this Act is to ensure that States and localities do 
not incur costs by complying in good faith with immigration detainers 
issued by the Federal Government.

SEC. 2. FEDERAL GOVERNMENT COSTS.

    Since immigration detainers are issued by Federal officials based 
upon information about an alien's immigration status that is often only 
known by such officials, the Federal Government shall be responsible to 
pay for the costs of any legally cognizable injuries to third parties 
resulting from the issuance and execution of such detainers.

SEC. 3. INDEMNIFICATION FOR LOCAL LAW ENFORCEMENT.

    Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) 
is amended by adding at the end the following:
    ``(i) Subject to available appropriations, a State or its employee, 
a political subdivision of a State or its employee, or an elected 
official that receives a request from U.S. Immigration and Customs 
Enforcement to temporarily detain an alien or transport the alien to a 
Federal detention center shall be indemnified and held harmless by the 
Secretary of Homeland Security from all claims by any person that may 
arise from good faith compliance with such request.''.

SEC. 4. SAVINGS PROVISION.

    Nothing in this Act may be construed to preclude a legal cause of 
action.
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