118 HR 4684 IH: No Sanctuary for Criminals Act of 2023
U.S. House of Representatives
2023-07-17
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I
118th CONGRESS
1st Session
H. R. 4684
IN THE HOUSE OF REPRESENTATIVES
July 17, 2023
Mr. Kiley (for himself and Mr. McClintock) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to expand the prohibition on State noncompliance with enforcement of the immigration laws.
1.

Short title
This Act may be cited as the “No Sanctuary for Criminals Act of 2023”.
2.

Purpose
Given the continuing escalation of drug overdose deaths across the U.S., a large portion of which is attributed to the most deadly opioid, fentanyl or fentanyl analogues, it is the will of Congress that law enforcement and other supportive services for aliens in sanctuary cities be required to fully cooperate with the Departments of Justice and Homeland Security to stem the flow of illegal drugs flowing into our States and cities.
3.

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)

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.
(2)

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).
(3)

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.
(4)

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.
(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.
4.

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.