[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 42 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 42

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2021

 Mr. Toomey (for himself, Mr. Johnson, Mr. Tillis, Mrs. Blackburn, Mr. 
 Risch, Mr. Blunt, Mr. Cotton, Mr. Grassley, Mr. Tuberville, Mr. Paul, 
 Mr. Inhofe, Mr. Daines, Mrs. Fischer, Mr. Boozman, Mr. Braun, and Mr. 
    Cornyn) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

    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 ``Stop Dangerous Sanctuary Cities 
Act''.

SEC. 2. ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS MAY 
              COOPERATE TO SAFEGUARD OUR COMMUNITIES.

    (a) Authority To Cooperate With Federal Officials.--A State, a 
political subdivision of a State, or an officer, employee, or agent of 
such State or political subdivision that complies 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 actions taken to comply with the 
        detainer, 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 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 JURISDICTION DEFINED.

    (a) In General.--Except as provided under subsection (b), for 
purposes of this Act, 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.
    (b) Exception.--A State or political subdivision of a State shall 
not be deemed a sanctuary jurisdiction based solely on its having a 
policy whereby its officials will not share information regarding, or 
comply with a request 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 regarding, an individual who 
comes forward as a victim or a witness to a criminal offense.

SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN FEDERAL FUNDS.

    (a) Economic Development Administration Grants.--
            (1) Grants for public works and economic development.--
        Section 201(b) of the Public Works and Economic Development Act 
        of 1965 (42 U.S.C. 3141(b)) is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) the area in which the project is to be carried out is 
        not a sanctuary jurisdiction (as defined in section 3 of the 
        Stop Dangerous Sanctuary Cities Act).''.
            (2) Grants for planning and administrative expenses.--
        Section 203(a) of the Public Works and Economic Development Act 
        of 1965 (42 U.S.C. 3143(a)) is amended by adding at the end the 
        following: ``A sanctuary jurisdiction (as defined in section 3 
        of the Stop Dangerous Sanctuary Cities Act) may not be deemed 
        an eligible recipient under this subsection.''.
            (3) Supplementary grants.--Section 205(a) of the Public 
        Works and Economic Development Act of 1965 (42 U.S.C. 3145(a)) 
        is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3)(B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) will be carried out in an area that does not contain 
        a sanctuary jurisdiction (as defined in section 3 of the Stop 
        Dangerous Sanctuary Cities Act).''.
            (4) Grants for training, research, and technical 
        assistance.--Section 207 of the Public Works and Economic 
        Development Act of 1965 (42 U.S.C. 3147) is amended by adding 
        at the end the following:
    ``(c) Ineligibility of Sanctuary Jurisdictions.--Grant funds 
authorized under this section may not be used to provide assistance to 
a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous 
Sanctuary Cities Act).''.
    (b) Community Development Block Grants.--Title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended--
            (1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the 
        end the following:
            ``(25) The term `sanctuary jurisdiction' has the meaning 
        provided in section 3 of the Stop Dangerous Sanctuary Cities 
        Act.''; and
            (2) in section 104(b) (42 U.S.C. 5304(b))--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following:
            ``(6) the grantee is not a sanctuary jurisdiction and will 
        not become a sanctuary jurisdiction during the period for which 
        the grantee receives a grant under this title; and''; and
            (3) in section 106 (42 U.S.C. 5306), by adding at the end 
        the following:
    ``(g) Protection of Individuals Against Crime.--
            ``(1) In general.--No funds authorized to be appropriated 
        to carry out this title may be obligated or expended for any 
        State or unit of general local government that is a sanctuary 
        jurisdiction.
            ``(2) Returned amounts.--
                    ``(A) State.--If a State is a sanctuary 
                jurisdiction during the period for which it receives 
                amounts under this title, the Secretary--
                            ``(i) shall direct the State to immediately 
                        return to the Secretary any such amounts that 
                        the State received for that period; and
                            ``(ii) shall reallocate amounts returned 
                        under clause (i) for grants under this title to 
                        other States that are not sanctuary 
                        jurisdictions.
                    ``(B) Unit of general local government.--If a unit 
                of general local government is a sanctuary jurisdiction 
                during the period for which it receives amounts under 
                this title, any such amounts that the unit of general 
                local government received for that period--
                            ``(i) in the case of a unit of general 
                        local government that is not in a 
                        nonentitlement area, shall be returned to the 
                        Secretary for grants under this title to States 
                        and other units of general local government 
                        that are not sanctuary jurisdictions; and
                            ``(ii) 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 grants under this title to other 
                        units of general local government in the State 
                        that are not sanctuary jurisdictions.
                    ``(C) Reallocation rules.--In reallocating amounts 
                under subparagraphs (A) and (B), the Secretary--
                            ``(i) shall apply the relevant allocation 
                        formula under subsection (b), with all 
                        sanctuary jurisdictions excluded; and
                            ``(ii) shall not be subject to the rules 
                        for reallocation under subsection (c).''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2021.
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