[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4316 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4316
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
April 16 (legislative day, April 14), 2026
Mr. Cornyn (for himself, Mr. Budd, Mr. Barrasso, Mr. Scott of South
Carolina, Ms. Lummis, Mr. Cramer, and Mr. Schmitt) 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 ``Sanctuary City Elimination 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 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 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 it 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) Education Grants.--
(1) National foundation on the arts and humanities
grants.--Section 7(f) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 956(f)) is amended--
(A) in paragraph (1)--
(i) by striking ``The Chairperson'' and
inserting the following:
``(1) Except as provided in subparagraph (B), the
Chairperson'';
(B) by adding at the end the following:
``(B)(i) No application for a grant under this
subsection may be approved unless the plan accompanying
the application satisfies the requirements specified in
this subsection.
``(ii) The Chairperson is not authorized to
establish any grants-in-aid or allocate any Federal
financial assistance or related Federal funding to a
State or political subdivision of a State that is a
sanctuary jurisdiction (as defined in section 3 of the
Sanctuary City Elimination Act).
``(iii) If a State or a political subdivision of a
State that is a sanctuary jurisdiction releases an
alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to
committing acts constituting the essential elements of
any criminal offense) against any individual in any
other State, the attorney general of the State in which
such crime occurred shall have standing to bring an
action against the Chairperson or the State or
political subdivision of such State that released such
alien, on behalf of the injured party, in an
appropriate district court of the United States to
obtain injunctive relief requiring the Chairperson to
withhold from such State any grant funding authorized
under this section.'';
(C) in paragraph (2)(A), by striking the
undesignated matter at the end; and
(D) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``No application may be
approved by the Chairperson unless the
accompanying plan satisfies the requirements
specified in this subsection.'' after ``by the
Chairperson.''; and
(ii) by striking the undesignated matter at
the end.
(2) National environmental education grants.--Section 6(i)
of the National Environmental Education Act (20 U.S.C. 5505(i))
is amended--
(A) by striking ``Grants'' and inserting the
following:
``(1) Maximum amount.--Grants'';
(B) by striking ``In addition, 25 percent'' and
inserting the following:
``(2) Set aside for small grants.--Not less than 25
percent''; and
(C) by adding at the end the following:
``(3) Ineligibility of sanctuary jurisdictions.--The
Administrator shall not provide any financial assistance under
this section to any sanctuary jurisdiction (as defined in
section 3 of the Sanctuary City Elimination Act).
``(4) Enforcement by the attorney general of a state.--If a
State or a political subdivision of a State that is a sanctuary
jurisdiction releases an alien from State or local custody and
such alien subsequently commits any criminal offense (or admits
to committing acts constituting the essential elements of any
criminal offense) against any individual in any other State,
the attorney general of the State in which such crime occurred
shall have standing to bring an action against the
Administrator or the State or political subdivision of such
State that released such alien, on behalf of the injured party,
in an appropriate district court of the United States to obtain
injunctive relief requiring the Administrator to withhold from
such State any financial assistance authorized under this
section.''.
(3) Elementary and secondary education grants.--Section
1002 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6302) is amended--
(A) by redesignating subsection (f) as subsection
(h); and
(B) by inserting after subsection (e) the
following:
``(f) Ineligibility for Grants.--No appropriations authorized under
this section for State and local educational agencies, education
programs, or education services or assistance may be allocated as
grants to any State or any political subdivision of a State that is a
sanctuary jurisdiction (as defined in section 3 of the Sanctuary City
Elimination Act).
``(g) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Secretary or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Secretary to withhold from such State any funding
appropriated pursuant to this section.''.
(4) Higher education stem training grant program.--Section
553 of the America COMPETES Reauthorization Act of 2010 (20
U.S.C. 9903) is amended by adding at the end the following:
``(h) Ineligibility for Grants.--An institution of higher education
located within a State or political subdivision of a State that is a
sanctuary jurisdiction (as defined in section 3 of the Sanctuary City
Elimination Act) is not eligible to receive a grant under this section.
``(i) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Director or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Director to withhold from such State any grant
funding authorized under this section.''.
(5) State fiscal stabilization education grants.--Section
14001 of the American Recovery and Reinvestment Act of 2009 (20
U.S.C. 10001) is amended by adding at the end the following:
``(g) Ineligibility for Grants.--The Secretary of Education shall
not allocate any funds appropriated to carry out this title to any
State or political subdivision of a State that is a sanctuary
jurisdiction (as defined in section 3 of the Sanctuary City Elimination
Act).
``(h) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Secretary or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Secretary to withhold from such State any grant
funding allocated under this title.''.
(b) Grants for Pollution Research and Pollution Control Programs.--
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended--
(1) in section 104 (33 U.S.C. 1254), by adding at the end
the following:
``(x) Ineligibility of Sanctuary Jurisdictions.--
``(1) In general.--The Administrator shall not make any
grant under this section to any sanctuary jurisdiction (as
defined in section 3 of the Sanctuary City Elimination Act).
``(2) Enforcement by the attorney general of a state.--If a
State or a political subdivision of a State that is a sanctuary
jurisdiction releases an alien from State or local custody and
such alien subsequently commits any criminal offense (or admits
to committing acts constituting the essential elements of any
criminal offense) against any individual in any other State,
the attorney general of the State in which such crime occurred
shall have standing to bring an action against the
Administrator or the State or political subdivision of such
State that released such alien, on behalf of the injured party,
in an appropriate district court of the United States to obtain
injunctive relief requiring the Administrator to withhold from
such State any grant funding authorized under this section.'';
and
(2) in section 106 (33 U.S.C. 1256), by--
(A) in subsection (d)--
(i) by striking ``No grant'' and inserting
the following:
``(1) In general.--No grant''; and
(ii) by adding at the end the following:
``(2) Ineligibility of sanctuary jurisdictions.--The
Administrator shall not allot any funds appropriated pursuant
to this section to any sanctuary jurisdiction (as defined in
section 3 of the Sanctuary City Elimination Act).''; and
(B) adding at the end the following:
``(h) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Administrator or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Administrator to withhold from such State any
allotment authorized under this section.''.
(c) Economic Development Administration Grants.--
(1) Grants for public works and economic development.--
Section 201 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3141(b)) is amended--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(iii) 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
Sanctuary City Elimination Act).''; and
(B) by adding at the end the following:
``(e) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Secretary or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Secretary to withhold from such State the grant
funding authorized under this section.''.
(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 to read as follows:
``(a) In General.--
``(1) Grants authorized.--On the application of an eligible
recipient, the Secretary may make grants to pay the costs of
economic development planning and the administrative expenses
of organizations that carry out such planning.
``(2) Ineligible recipients.--No State or political
subdivision of a State shall be deemed an eligible recipient
for purposes of grant funding under this section if it is a
sanctuary jurisdiction (as defined in section 3 of the
Sanctuary City Elimination Act).
``(3) Enforcement by the attorney general of a state.--If a
State or a political subdivision of a State that is a sanctuary
jurisdiction releases an alien from State or local custody and
such alien subsequently commits any criminal offense (or admits
to committing acts constituting the essential elements of any
criminal offense) against any individual in any other State,
the attorney general of the State in which such crime occurred
shall have standing to bring an action against the Secretary or
the State or political subdivision of such State that released
such alien, on behalf of the injured party, in an appropriate
district court of the United States to obtain injunctive relief
requiring the Secretary to withhold from such State the grant
funding authorized under this section.''.
(3) Supplementary grants.--Section 205 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3145) is
amended--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3)(B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) will be carried out in a State that does not contain
a sanctuary jurisdiction (as defined in section 3 of the
Sanctuary City Elimination Act).''.
(B) by adding at the end the following:
``(d) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Secretary or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Secretary to withhold from such State the
supplementary grant funding authorized under this section.''.
(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:
``(d) Ineligibility of Sanctuary Jurisdictions.--Grant funds
authorized under this section may not be used to provide assistance to
any sanctuary jurisdiction (as defined in section 3 of the Sanctuary
City Elimination Act).
``(e) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Secretary or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Secretary to withhold from such State the grant
funding authorized under this section.''.
(d) 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
given such term in section 3 of the Sanctuary City Elimination
Act.'';
(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) if the grantee is a State, a political subdivision of
a State, or a unit of general local government, 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, political subdivision of a State, or unit of general
local government that is a sanctuary jurisdiction.
``(2) Returned amounts.--
``(A) State.--If a State or a political subdivision
of a State is a sanctuary jurisdiction during the
period for which it receives funding under this title,
the Secretary--
``(i) shall direct the State or political
subdivision to immediately return to the
Secretary any such amounts that the State or
political subdivision received for that period;
and
``(ii) shall reallocate amounts returned
under clause (i) for grants under this title to
other States or political subdivisions of such
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 funding 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).
``(h) Enforcement by the Attorney General of a State.--If a State
or a political subdivision of a State that is a sanctuary jurisdiction
releases an alien from State or local custody and such alien
subsequently commits any criminal offense (or admits to committing acts
constituting the essential elements of any criminal offense) against
any individual in any other State, the attorney general of the State in
which such crime occurred shall have standing to bring an action
against the Secretary or the State or political subdivision of such
State that released such alien, on behalf of the injured party, in an
appropriate district court of the United States to obtain injunctive
relief requiring the Secretary to withhold from such State the funding
authorized under this title.''.
(e) Brownfields Utilization, Investment, and Local Development Act
of 2018 Grant Funding.--Section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking
``Definition of eligible entity'' and inserting
``Definitions'';
(B) by redesignating subparagraphs (A) through (L)
as subclauses (I) through (XII), and by moving such
clauses 4 ems to the right;
(C) by striking ``In this subsection, the term
`eligible entity' means--'' and inserting the
following: ``In this subsection:
``(A) Eligible entity.--The term `eligible
entity'--
``(i) means--''; and
(D) by adding at the end the following:
``(ii) does not include a sanctuary
jurisdiction.
``(B) Sanctuary jurisdiction.--The term `sanctuary
jurisdiction' has the meaning given such term in
section 3 of the Sanctuary City Elimination Act.'';
(2) by redesignating paragraphs (12) and (13) as paragraphs
(13) and (14), respectively; and
(3) by inserting after paragraph (11) the following:
``(12) Enforcement by the attorney general of a state.--If
a State or a political subdivision of a State that is a
sanctuary jurisdiction releases an alien from State or local
custody and such alien subsequently commits any criminal
offense (or admits to committing acts constituting the
essential elements of any criminal offense) against any
individual in any other State, the attorney general of the
State in which such crime occurred shall have standing to bring
an action against the Administrator or the State or political
subdivision of such State that released such alien, on behalf
of the injured party, in an appropriate district court of the
United States to obtain injunctive relief requiring the
Administrator to withhold from such State the grant funding and
loans authorized under this subsection.''.
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