[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3375 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3375

   To amend the Immigration and Nationality Act to modify provisions 
relating to assistance by States, and political subdivisions of States, 
in the enforcement of Federal immigration laws, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

    Mr. Brooks (for himself and Mr. Gooden of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to modify provisions 
relating to assistance by States, and political subdivisions of States, 
in the enforcement of Federal immigration laws, 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 Sanctuary for Criminals Act''.

SEC. 2. STATE NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Notwithstanding any other provision of Federal, 
State, or local law, no Federal, State, or local government entity, and 
no individual, may prohibit or in any way restrict, a Federal, State, 
or local government entity, official, or other personnel from complying 
with the immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from 
assisting or cooperating with Federal law enforcement entities, 
officials, or other personnel regarding the enforcement of these 
laws.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Law Enforcement Activities.--Notwithstanding any other 
provision of Federal, State, or local law, no Federal, State, or local 
government entity, and no individual, may prohibit, or in any way 
restrict, a Federal, State, or local government entity, official, or 
other personnel from undertaking any of the following law enforcement 
activities as they relate to information regarding the citizenship or 
immigration status, lawful or unlawful, the inadmissibility or 
deportability, or the custody status, of any individual:
            ``(1) Making inquiries to any individual in order to obtain 
        such information regarding such individual or any other 
        individuals.
            ``(2) Notifying the Federal Government regarding the 
        presence of individuals who are encountered by law enforcement 
        officials or other personnel of a State or political 
        subdivision of a State.
            ``(3) Complying with requests for such information from 
        Federal law enforcement entities, officials, or other 
        personnel.'';
            (3) in subsection (c), by striking ``Immigration and 
        Naturalization Service'' and inserting ``Department of Homeland 
        Security''; and
            (4) by adding at the end the following:
    ``(d) Compliance.--
            ``(1) Eligibility for certain grant programs.--A State, or 
        a political subdivision of a State, that is found not to be in 
        compliance with subsection (a) or (b) 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)), 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 the Edward Byrne Memorial Justice Assistance 
                Grant Program under subpart 1 of part E of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3750 et seq.); or
                    ``(B) any other grant administered by the 
                Department of Justice or the Department of Homeland 
                Security that is substantially related to law 
                enforcement, terrorism, national security, immigration, 
                or naturalization.
            ``(2) Transfer of custody of aliens pending removal 
        proceedings.--The Secretary, at the Secretary's discretion, may 
        decline to transfer an alien in the custody of the Department 
        of Homeland Security to a State or political subdivision of a 
        State found not to be in compliance with subsection (a) or (b), 
        regardless of whether the State or political subdivision of the 
        State has issued a writ or warrant.
            ``(3) Transfer of custody of certain aliens prohibited.--
        The Secretary shall not transfer an alien with a final order of 
        removal pursuant to paragraph (1)(A) or (5) of section 241(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a 
        State or a political subdivision of a State that is found not 
        to be in compliance with subsection (a) or (b).
            ``(4) Annual determination.--The Secretary shall determine 
        for each calendar year which States or political subdivision of 
        States are not in compliance with subsection (a) or (b) and 
        shall report such determinations to Congress by March 1 of each 
        succeeding calendar year.
            ``(5) Reports.--The Secretary of Homeland Security shall 
        issue a report concerning the compliance with subsections (a) 
        and (b) of any particular State or political subdivision of a 
        State at the request of the House or the Senate Judiciary 
        Committee. Any jurisdiction that is found not to be in 
        compliance shall be ineligible to receive Federal financial 
        assistance as provided in paragraph (1) for a minimum period of 
        1 year, and shall only become eligible again after the 
        Secretary of Homeland Security certifies that the jurisdiction 
        has come into compliance.
            ``(6) 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 subsection (a) or (b) shall be reallocated 
        to States or to political subdivisions of States that comply 
        with both such subsections.
    ``(e) Construction.--Nothing in this section shall require law 
enforcement officials from States, or from political subdivisions of 
States, to report or arrest victims or witnesses of a criminal 
offense.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, except that subsection 
(d) of section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, 
shall apply only to prohibited acts committed on or after the date of 
the enactment of this Act.

SEC. 3. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--Section 287(d) of the Immigration and Nationality 
Act (8 U.S.C. 1357(d)) is amended to read as follows:
    ``(d) Detainer of Inadmissible or Deportable Aliens.--
            ``(1) In general.--In the case of an individual who is 
        arrested by any Federal, State, or local law enforcement 
        official or other personnel for the alleged violation of any 
        criminal or motor vehicle law, the Secretary may issue a 
        detainer regarding the individual to any Federal, State, or 
        local law enforcement entity, official, or other personnel if 
        the Secretary has probable cause to believe that the individual 
        is an inadmissible or deportable alien.
            ``(2) Probable cause.--Probable cause is deemed to be 
        established if--
                    ``(A) the individual who is the subject of the 
                detainer matches, pursuant to biometric confirmation or 
                other Federal database records, the identity of an 
                alien who the Secretary has reasonable grounds to 
                believe to be inadmissible or deportable;
                    ``(B) the individual who is the subject of the 
                detainer is the subject of ongoing removal proceedings, 
                including matters where a charging document has already 
                been served;
                    ``(C) the individual who is the subject of the 
                detainer has previously been ordered removed from the 
                United States and such an order is administratively 
                final;
                    ``(D) the individual who is the subject of the 
                detainer has made voluntary statements or provided 
                reliable evidence that indicate that they are an 
                inadmissible or deportable alien; or
                    ``(E) the Secretary otherwise has reasonable 
                grounds to believe that the individual who is the 
                subject of the detainer is an inadmissible or 
                deportable alien.
            ``(3) Transfer of custody.--If the Federal, State, or local 
        law enforcement entity, official, or other personnel to whom a 
        detainer is issued complies with the detainer and detains for 
        purposes of transfer of custody to the Department of Homeland 
        Security the individual who is the subject of the detainer, the 
        Department may take custody of the individual within 48 hours 
        (excluding weekends and holidays), but in no instance more than 
        96 hours, following the date that the individual is otherwise 
        to be released from the custody of the relevant Federal, State, 
        or local law enforcement entity.''.
    (b) Immunity.--
            (1) In general.--A State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), and a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, acting in compliance with a Department of Homeland 
        Security detainer issued pursuant to this section who 
        temporarily holds an alien in its custody pursuant to the terms 
        of a detainer so that the alien may be taken into the custody 
        of the Department of Homeland Security, shall be considered to 
        be acting under color of Federal authority for purposes of 
        determining their liability and shall be held harmless for 
        their compliance with the detainer in any suit seeking any 
        punitive, compensatory, or other monetary damages.
            (2) Federal government as defendant.--In any civil action 
        arising out of the compliance with a Department of Homeland 
        Security detainer by a State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), or a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, the United States Government shall be the proper 
        party named as the defendant in the suit in regard to the 
        detention resulting from compliance with the detainer.
            (3) Bad faith exception.--Paragraphs (1) and (2) shall not 
        apply to any mistreatment of an individual by a State or a 
        political subdivision of a State (and the officials and 
        personnel of the State or subdivision acting in their official 
        capacities), or a nongovernmental entity (and its personnel) 
        contracted by the State or political subdivision for the 
        purpose of providing detention.
    (c) Private Right of Action.--
            (1) Cause of action.--Any individual, or a spouse, parent, 
        or child of that individual (if the individual is deceased), 
        who is the victim of a murder, rape, or any felony, as defined 
        by the State, for which an alien (as defined in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3))) has been convicted and sentenced to a term of 
        imprisonment of at least 1 year, may bring an action against a 
        State or political subdivision of a State in the appropriate 
        Federal or State court if the State or political subdivision 
        released the alien from custody prior to the commission of such 
        crime as a consequence of the State or political subdivision's 
        declining to honor a detainer issued pursuant to section 
        287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1357(d)(1)).
            (2) Limitation on bringing action.--An action brought under 
        this subsection may not be brought later than 10 years 
        following the occurrence of the crime, or death of a person as 
        a result of such crime, whichever occurs later.
            (3) Attorneys' fee and other costs.--In any action or 
        proceeding under this subsection the court shall allow a 
        prevailing plaintiff a reasonable attorneys' fee as part of the 
        costs, and include expert fees as part of the attorneys' fee.

SEC. 4. SARAH AND GRANT'S LAW.

    (a) Detention of Aliens During Removal Proceedings.--
            (1) Clerical amendments.--(A) Section 236 of the 
        Immigration and Nationality Act (8 U.S.C. 1226) is amended by 
        striking ``Attorney General'' each place it appears (except in 
        the second place that term appears in section 236(a)) and 
        inserting ``Secretary of Homeland Security''.
            (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
        amended by inserting ``the Secretary of Homeland Security or'' 
        before ``the Attorney General--''.
            (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
        amended by striking ``Attorney General's'' and inserting 
        ``Secretary of Homeland Security's''.
            (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
        1226) is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an alien may be detained, and for an alien 
        described in subsection (c) shall be detained, under this 
        section without time limitation, except as provided in 
        subsection (h), during the pendency of removal proceedings.
            ``(2) Construction.--The length of detention under this 
        section shall not affect detention under section 241.''.
            (3) Detention of criminal aliens.--Section 236(c)(1) of 
        such Act (8 U.S.C. 1226(c)(1)) is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) by inserting after subparagraph (D) the 
                following:
                    ``(E) is unlawfully present in the United States 
                and has been convicted for driving while intoxicated 
                (including a conviction for driving while under the 
                influence or impaired by alcohol or drugs) without 
                regard to whether the conviction is classified as a 
                misdemeanor or felony under State law, or
                    ``(F)(i)(I) is inadmissible under section 
                212(a)(6)(i),
                    ``(II) is deportable by reason of a visa revocation 
                under section 221(i), or
                    ``(III) is deportable under section 
                237(a)(1)(C)(i), and
                    ``(ii) has been arrested or charged with a 
                particularly serious crime or a crime resulting in the 
                death or serious bodily injury (as defined in section 
                1365(h)(3) of title 18, United States Code) of another 
                person;''; and
                    (C) by amending the matter following subparagraph 
                (F) (as added by subparagraph (B) of this paragraph) to 
                read as follows:
        ``any time after the alien is released, without regard to 
        whether an alien is released related to any activity, offense, 
        or conviction described in this paragraph; to whether the alien 
        is released on parole, supervised release, or probation; or to 
        whether the alien may be arrested or imprisoned again for the 
        same offense. If the activity described in this paragraph does 
        not result in the alien being taken into custody by any person 
        other than the Secretary, then when the alien is brought to the 
        attention of the Secretary or when the Secretary determines it 
        is practical to take such alien into custody, the Secretary 
        shall take such alien into custody.''.
            (4) Administrative review.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
        (2), is further amended by adding at the end the following:
    ``(g) Administrative Review.--The Attorney General's review of the 
Secretary's custody determinations under subsection (a) for the 
following classes of aliens shall be limited to whether the alien may 
be detained, released on bond (of at least $1,500 with security 
approved by the Secretary), or released with no bond:
            ``(1) Aliens in exclusion proceedings.
            ``(2) Aliens described in section 212(a)(3) or 237(a)(4).
            ``(3) Aliens described in subsection (c).
    ``(h) Release on Bond.--
            ``(1) In general.--An alien detained under subsection (a) 
        may seek release on bond. No bond may be granted except to an 
        alien who establishes by clear and convincing evidence that the 
        alien is not a flight risk or a danger to another person or the 
        community.
            ``(2) Certain aliens ineligible.--No alien detained under 
        subsection (c) may seek release on bond.''.
            (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
        amended by striking ``conditional parole'' and inserting 
        ``recognizance''.
            (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
        amended by striking ``parole'' and inserting ``recognizance''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any alien in detention under the provisions of section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226), as so amended, or 
otherwise subject to the provisions of such section, on or after such 
date.
                                 <all>